DUI Penalties
DUI Causing Injury in California — Vehicle Code § 23153 Charges and Defenses
A DUI that causes injury to another person is charged as a felony under Vehicle Code § 23153 and can result in state prison time. Learn what the prosecution must prove, what the penalties are, and how Attorney Michael P. Kade defends these serious charges.
By Michael P. Kade — Former LAPD Officer & Criminal Defense Attorney · Updated
Educational purposes only — not legal advice. This article provides general information about California DUI law and does not create an attorney-client relationship. Consult a licensed attorney for advice specific to your situation.
Key Takeaways
- —DUI causing injury is charged as a felony under Vehicle Code § 23153
- —The prosecution must prove both impairment AND that the defendant's negligence caused the injury
- —Penalties include 16 months to 3 years in prison, plus 3–6 years per victim with great bodily injury
- —Civil liability to the injured parties is separate from the criminal case
- —A prior DUI conviction significantly increases the prison exposure
When a DUI results in injury to another person, the legal consequences escalate dramatically. What might have been a misdemeanor DUI becomes a felony charge under Vehicle Code § 23153, with the potential for state prison time, a permanent felony record, and civil liability to the injured parties. If you are facing a DUI with injury charge, you need an attorney with serious felony trial experience.
What the Prosecution Must Prove
To convict a defendant of DUI causing injury under Vehicle Code § 23153, the prosecution must prove beyond a reasonable doubt: (1) the defendant drove a vehicle; (2) while under the influence of alcohol or drugs (or with a BAC of 0.08% or higher); (3) the defendant also committed an illegal act or neglected a legal duty while driving; and (4) that illegal act or neglect of duty caused bodily injury to another person. The causation element is critical — the prosecution cannot simply prove that the defendant was drunk and there was an accident. They must prove that the defendant's negligence caused the injury.
Penalties for DUI Causing Injury
For a first offense DUI causing injury with no prior DUI convictions, the sentence ranges from 16 months to 3 years in state prison. If any victim suffered great bodily injury (GBI) — defined as a significant or substantial physical injury — the court must impose an additional 3 to 6 years in state prison per victim under Penal Code § 12022.7. Multiple victims can result in consecutive enhancements. The defendant is also designated a habitual traffic offender and faces a license revocation.
Prior DUI Convictions and Enhanced Penalties
If the defendant has a prior DUI conviction within 10 years, the penalties for DUI causing injury increase significantly. With one prior, the sentence range increases to 2, 4, or 6 years in state prison. With two or more priors, the sentence range increases to 3, 5, or 7 years. The prior conviction also affects the defendant's eligibility for probation — courts are less likely to grant probation when the defendant has a prior DUI history.
Civil Liability
A DUI causing injury exposes the defendant to civil liability to the injured parties, separate from the criminal case. The injured parties can sue for medical expenses, lost wages, pain and suffering, and other damages. In cases involving gross negligence or malice, punitive damages may also be available. A criminal conviction for DUI causing injury can be used as evidence of negligence in the civil case. An attorney who handles both the criminal defense and coordinates with civil defense counsel can help protect the defendant's financial interests.
Penalties at a Glance
| Offense / Situation | Potential Penalty |
|---|---|
| First offense DUI with injury | 16 months to 3 years state prison |
| GBI enhancement per victim | +3 to 6 years state prison per victim |
| One prior DUI + injury | 2, 4, or 6 years state prison |
| Two+ priors + injury | 3, 5, or 7 years state prison |
| License | Habitual traffic offender; license revocation |
Penalties shown are general ranges. Actual sentences depend on the specific facts of your case.
How Attorney Kade Defends These Cases
- —Challenge causation — was the defendant's negligence the actual cause of the injury, or was the other driver at fault?
- —Attack the impairment evidence — BAC results, field sobriety tests, and officer observations
- —Challenge the severity of the injury — was it truly 'great bodily injury' under PC § 12022.7?
- —Negotiate a reduction to misdemeanor DUI if the injury was minor and the evidence is weak
- —Challenge the prior conviction used to enhance the sentence
- —Present mitigating evidence at sentencing to minimize prison exposure
- —Seek a split sentence or alternative sentencing to minimize actual custody time
Frequently Asked Questions
While you are not legally required to have an attorney, a DUI conviction carries serious consequences — fines, license suspension, possible jail time, and a permanent criminal record. An experienced DUI attorney can challenge the evidence, negotiate with prosecutors, fight your DMV hearing, and potentially get charges reduced or dismissed. The cost of an attorney is almost always less than the long-term cost of a DUI conviction.
A California DUI case typically takes 3 to 12 months to resolve, depending on the county, the complexity of the case, and whether it goes to trial. Misdemeanor DUI cases in Los Angeles County often take 4 to 8 months. Felony DUI cases take longer. Your attorney can give you a more specific estimate based on the facts of your case and the court's current caseload.
After a DUI arrest: (1) Do not make any statements to police beyond identifying yourself. (2) Contact a DUI attorney as soon as possible — ideally within 24 hours. (3) Call the DMV Driver Safety Office within 10 days to request an APS hearing or your license will be automatically suspended. (4) Write down everything you remember about the stop, the tests, and the arrest while it is fresh.