Understanding VC 23153: DUI Causing Bodily Injury
California Vehicle Code Section 23153 makes it illegal to drive under the influence and cause injury to another person. This offense is significantly more serious than standard DUI under VC 23152 because it involves harm to others.
Elements the Prosecution Must Prove
To convict you of DUI with injury, Nevada County prosecutors must establish beyond reasonable doubt that:
- You drove a vehicle: You were operating or in actual physical control of a motor vehicle
- While under the influence: Your blood alcohol content was .08% or higher, OR you were impaired by alcohol, drugs, or both
- Illegal act or negligence: While DUI, you committed an illegal act (like speeding or running a red light) OR failed to perform a legal duty (such as yielding right of way)
- Causation: Your conduct was the proximate cause of bodily injury to another person
- Injury occurred: Someone sustained physical harm as a result
Critical Defense Point: Each element must be proven beyond reasonable doubt. If I can create reasonable doubt about any single element—especially causation—you cannot be convicted of DUI causing injury.
Who Qualifies as an Injured Party?
The law protects all persons who suffer injury, including:
- Drivers and passengers in other vehicles involved in the collision
- Pedestrians struck or affected by the accident
- Cyclists involved in or affected by the incident
- Your own passengers (California law does not exempt passengers in the defendant's vehicle)
- Bystanders injured as a result of the collision
- Emergency responders injured at the scene
Important: You can face DUI causing injury charges even if you yourself suffered serious injuries in the accident.
How Minor Can the Injuries Be?
California law does not require serious or permanent injuries to support DUI causing bodily injury charges. Injuries that have supported convictions include:
- Soft tissue injuries (sprains, strains)
- Whiplash and neck pain
- Bruising and contusions
- Minor cuts and abrasions
- Headaches and concussion symptoms
- Back pain
However, mere emotional distress without physical injury is insufficient. There must be some objective physical harm, even if minor.
The Wobbler Distinction: Misdemeanor vs. Felony
Unlike standard DUI charges, which are typically misdemeanors for first through third offenses, DUI causing injury is classified as a "wobbler." This classification is crucial to your defense strategy because it provides opportunities for charge reduction.
If Charged as Misdemeanor
Incarceration
- Summary (informal) probation, OR
- 5 days to 1 year in county jail
Financial Penalties
- $390 to $5,000 in fines
- Penalty assessments (multiply base fine by 3-4x)
- Victim restitution for all losses
License Impact
- 1-year license suspension
- May qualify for restricted license
- SR-22 insurance filing required
Long-Term Effects
- Misdemeanor criminal record
- Retain gun ownership rights
- Less severe employment impact
- No strike on record
If Charged as Felony
Incarceration
- 16 months, 2 years, or 3 years STATE PRISON
- PLUS 1 year per additional injured person
- PLUS 3-6 years if great bodily injury alleged
Financial Penalties
- $1,015 to $5,000 in fines
- Substantial penalty assessments
- Full victim restitution (often $50,000+)
License Impact
- 5-year license revocation
- Habitual Traffic Offender status
- Ignition interlock device required
Long-Term Effects
- PERMANENT FELONY RECORD
- LOSS of gun rights forever
- Severe employment barriers
- Possible STRIKE under Three Strikes law
The difference between misdemeanor and felony treatment is the difference between keeping your life intact and losing everything. My primary objective in these cases is securing misdemeanor treatment.
| Consequence | Misdemeanor DUI Injury | Felony DUI Injury | Felony + GBI Enhancement |
|---|---|---|---|
| Maximum Custody | 1 year county jail | 3 years state prison | 9 years state prison |
| Criminal Record | Misdemeanor | Felony | Felony + Strike |
| License Suspension | 1 year | 5 years revocation | 5 years revocation |
| Firearm Rights | Retained | Lost permanently | Lost permanently |
| Future Sentencing | No impact | No enhancement | Double sentence on next felony |
| Employment Impact | Moderate | Severe | Career-ending |
⚠️ GREAT BODILY INJURY ENHANCEMENT
If prosecutors allege great bodily injury under Penal Code § 12022.7, the consequences escalate dramatically:
- Mandatory Additional Prison Time: 3 to 6 years must be added to your base sentence, and this time runs consecutively (not concurrently)
- Strike Conviction: Your conviction automatically counts as a "strike" under California's Three Strikes law
- Future Doubled Sentences: Any subsequent felony conviction will result in double the normal prison sentence
- Three Strikes Exposure: A third felony strike means mandatory 25 years to life in prison
- No Dismissal: Once on your record, strikes cannot be expunged or dismissed
Challenging the great bodily injury allegation is absolutely critical and can save you from 3-6 additional years in prison and a strike on your permanent record.
Defining Great Bodily Injury
Great bodily injury (GBI) is not defined by statute but instead by California case law. Courts have held that GBI means "significant or substantial physical injury" that goes beyond minor, moderate, or trivial harm.
Injuries That May Constitute GBI
- Broken or fractured bones
- Traumatic brain injury or concussion with lasting effects
- Loss of consciousness for extended periods
- Internal injuries requiring surgery
- Significant blood loss
- Permanent scarring or disfigurement
- Injuries requiring hospitalization and surgery
- Permanent physical impairment or disability
- Organ damage
Injuries That Typically Do NOT Constitute GBI
- Soft tissue injuries without complications (sprains, strains)
- Whiplash that resolves within weeks
- Minor cuts, bruises, and abrasions
- Brief loss of consciousness (seconds, not minutes)
- Injuries treated with emergency room visit only (no hospitalization)
- Injuries that heal completely without permanent effects
- Minor fractures like broken fingers or toes without complications
GBI Defense Strategy
Challenging a great bodily injury allegation requires comprehensive medical analysis:
- Independent Medical Review: I work with medical experts who review all records and provide opinions on whether injuries meet the legal standard for GBI
- Treatment Analysis: Examining the extent of treatment received—outpatient vs. hospitalization, conservative treatment vs. surgery
- Recovery Timeline: Documenting how quickly the victim recovered and whether any permanent impairment exists
- Pre-Existing Conditions: Identifying prior injuries or conditions that contributed to the current injury severity
- Comparative Case Law: Presenting California appellate decisions where similar injuries were found NOT to constitute GBI
Successfully defeating the GBI enhancement eliminates 3-6 years of prison time and removes the strike from your record. This is one of the most important aspects of defending these cases.
Comprehensive Defense Strategies
DUI with injury cases are complex, involving both traditional DUI defenses and additional challenges related to causation and injury severity. My defense approach includes:
Strategy 1: Challenge Causation
The prosecution must prove your intoxicated driving was the proximate cause of the injuries. This element provides substantial defense opportunities:
- Third-Party Fault: Demonstrating that another driver caused or substantially contributed to the collision through traffic violations, distracted driving, aggressive driving, or other negligence
- Victim Conduct: Showing the injured party's own actions caused or contributed to the accident—failing to yield, jaywalking, sudden lane changes, inattention
- Environmental Factors: Identifying hazardous road conditions, poor visibility, inadequate traffic control devices, construction zones, or weather conditions that caused the accident
- Mechanical Failures: Establishing that vehicle defects—brake failure, steering problems, tire blowouts—caused the collision independent of driver impairment
- Accident Reconstruction: Hiring expert reconstructionists who analyze physical evidence to show the accident would have occurred even without alcohol involvement
- Unavoidable Collision: Proving that even a completely sober driver could not have avoided the accident under the circumstances
If I establish reasonable doubt about causation, you may be convicted only of simple DUI (misdemeanor VC 23152) rather than DUI causing injury—eliminating prison exposure and the possibility of a felony record.
Strategy 2: Attack the DUI Evidence
Regardless of the injury allegations, the foundation remains proving you were driving under the influence. I systematically challenge every aspect of the DUI evidence:
- Traffic Stop Validity: Was there reasonable suspicion or probable cause for the initial stop? Without legal justification, all subsequently obtained evidence must be suppressed under the Fourth Amendment
- Field Sobriety Test Reliability: These tests are inherently subjective and affected by numerous non-alcohol factors including injury (from the accident), shock, medical conditions, medications, fatigue, anxiety, uneven surfaces, poor lighting, and officer bias
- Breath Test Accuracy: Challenging calibration records, maintenance logs, operator training and certification, testing protocol compliance with Title 17 regulations, mouth alcohol contamination, medical conditions affecting results
- Blood Test Integrity: Examining chain of custody documentation, blood draw procedures, storage conditions and temperature logs, preservative and anticoagulant levels, laboratory procedures and quality control, potential contamination or fermentation
- Rising Blood Alcohol Defense: Your BAC may have been under .08% during driving but rose above the limit by the time of testing due to ongoing absorption
- Partition Ratio Issues: Breath testing assumes a standardized blood-to-breath alcohol ratio that doesn't account for individual physiological variations
Strategy 3: Negotiate Wobbler Reduction
Because DUI causing injury is a wobbler, experienced attorneys can negotiate with prosecutors for misdemeanor treatment rather than felony charges. Factors supporting reduction include:
- Injury Severity: Minor injuries involving only soft tissue, requiring minimal medical treatment
- BAC Level: Borderline BAC levels (.08-.10%) rather than significantly elevated levels
- Criminal History: No prior DUI convictions or other criminal record demonstrating this is an isolated incident
- Shared Fault: Evidence showing the victim or other parties shared responsibility for causing the accident
- Victim Cooperation: The injured party does not wish to see you receive harsh punishment or believes the accident wasn't entirely your fault
- Evidentiary Weaknesses: Problems with causation proof, DUI evidence, or witness testimony that create reasonable doubt
- Proactive Rehabilitation: Completion of alcohol treatment, counseling, AA attendance, and other steps demonstrating commitment to addressing alcohol issues before sentencing
- Mitigating Circumstances: Factors such as strong employment history, family responsibilities, community ties, character references, and lack of prior criminal conduct
Securing misdemeanor treatment preserves your freedom, your career, your gun rights, and your future. It is the most important outcome short of complete dismissal.
Strategy 4: Minimize Victim Restitution
Regardless of whether your case is charged as a misdemeanor or felony, you will owe victim restitution for all economic losses. This can include medical bills, lost wages, property damage, and in some cases, non-economic damages. I work to minimize restitution by:
- Challenging medical bills that are excessive, unnecessary, or unrelated to the accident
- Disputing claimed lost wages by examining employment records and income documentation
- Identifying insurance payments that should offset restitution obligations
- Showing pre-existing injuries or conditions contributed to claimed damages
- Negotiating directly with victims for reasonable resolution
- Establishing affordable payment plans rather than lump-sum demands
Strategy 5: Post-Conviction Relief (PC 17(b) Motion)
Even if you are initially convicted of felony DUI causing injury, California Penal Code § 17(b) allows the court to reduce the conviction to a misdemeanor after successful completion of probation. This provides a second chance at avoiding permanent felony status. I can file a 17(b) motion demonstrating:
- Successful completion of all probation terms
- Payment of restitution to victims
- Completion of DUI program and any other ordered treatment
- No new arrests or violations
- Rehabilitation and positive lifestyle changes
- Employment stability and community ties
If granted, the felony is redesignated as a misdemeanor, restoring most rights and significantly improving your future prospects.
What Determines Felony vs. Misdemeanor Charging?
Nevada County prosecutors and judges exercise discretion in determining whether to charge and sentence DUI causing injury as a felony or misdemeanor. Understanding these factors helps guide defense strategy:
Factors Favoring Misdemeanor Treatment
- Minor injuries requiring only emergency room treatment or outpatient care
- No broken bones, surgery, or hospitalization
- Complete recovery within weeks or months
- Low BAC close to the legal limit (.08-.11%)
- No prior DUI convictions on your record
- Clean overall criminal history
- Single victim involved
- Contributory negligence by other parties
- Strong employment and family stability
- Victim's preference for lenient treatment
- Immediate acceptance of responsibility
- Completion of alcohol treatment before sentencing
Factors Favoring Felony Prosecution
- Serious injuries requiring hospitalization or surgery
- Multiple victims injured in the accident
- Great bodily injury or permanent disfigurement
- Extremely high BAC (.15% or higher)
- Prior DUI convictions or other criminal history
- Reckless driving conduct (excessive speed, racing, evading police)
- Injuries to children or elderly victims
- Hit and run conduct (leaving the scene)
- Refusal to cooperate with the investigation
- Lack of remorse or acceptance of responsibility
The First 10 Days Are Critical
After a DUI with injury arrest in Nevada City, you must take immediate action:
- Request DMV Hearing Within 10 Days: You have only 10 days from arrest to request an administrative hearing with the DMV to fight your license suspension. Missing this deadline results in automatic suspension.
- Exercise Your Right to Remain Silent: Do not give recorded statements to police or insurance investigators about the accident or your alcohol consumption without first consulting with an attorney.
- Avoid Social Media: Prosecutors regularly monitor defendants' social media accounts. Do not post anything about the accident, your case, alcohol, parties, or activities that could be misinterpreted.
- Preserve Evidence: If possible, photograph the accident scene, traffic control devices, road conditions, your vehicle damage, and any injuries you sustained.
- Do Not Contact Victims: Any contact with injured parties can be misinterpreted as intimidation or tampering with witnesses, creating additional criminal exposure.
- Hire an Attorney Immediately: Early attorney involvement allows us to begin investigating, preserving evidence, interviewing witnesses, and negotiating with prosecutors before formal charging decisions are made.
Separate DMV Administrative Hearing
Your DUI with injury arrest triggers two separate proceedings: the criminal case in Nevada County Superior Court and an administrative license suspension proceeding through the California DMV.
The DMV will automatically suspend your license unless you request a hearing within 10 days. The suspension periods are:
- First offense: 4-month suspension
- Second offense within 10 years: 1-year suspension
- Third or subsequent offense: 3-year revocation
If your case involves injury, the DMV may seek enhanced suspension periods of 1-5 years depending on the circumstances.
I represent clients at DMV hearings to challenge the suspension and preserve driving privileges. Call immediately at 530-265-0186 to request your hearing before the 10-day deadline expires.
Common Questions About DUI with Injury
How is DUI with injury different from regular DUI in Nevada County?
DUI with injury under VC 23153 is far more serious than standard DUI under VC 23152. While regular DUI is always a misdemeanor for first through third offenses, DUI with injury is a wobbler that can be charged as either a misdemeanor or felony. It carries potential state prison time, longer license suspensions, and if great bodily injury is alleged, it can count as a strike under California's Three Strikes law.
What injuries qualify as "bodily injury" for DUI charges?
Any physical injury to another person qualifies, no matter how minor. This includes soft tissue injuries, whiplash, bruising, cuts, sprains, broken bones, or more serious injuries. Even a passenger in your own vehicle can be considered an injured party. The injury doesn't need to be permanent or require hospitalization to support DUI causing injury charges.
Can I avoid felony charges if someone was injured in my DUI accident?
Yes, potentially. Because DUI with injury is a wobbler offense, an experienced attorney can negotiate with prosecutors to charge it as a misdemeanor instead of a felony, or reduce it after charging. Factors supporting misdemeanor treatment include minimal injuries, low BAC, no prior record, victim's wishes, and weaknesses in the prosecution's evidence about causation.
What happens if the prosecution alleges great bodily injury?
A great bodily injury enhancement under PC 12022.7 is devastating. It adds a mandatory 3 to 6 years to your sentence that must run consecutively, and makes your conviction count as a strike under Three Strikes law. However, GBI must be significant or substantial injury—not just any injury. An experienced attorney can challenge whether the injuries meet the legal standard for GBI through medical expert testimony and review of treatment records.
Will the victim's opinion matter in my case?
While victims don't control whether charges are filed (that decision belongs to the District Attorney), their cooperation and wishes can significantly influence the prosecutor's approach and the judge's sentencing. If the victim doesn't want harsh punishment or doesn't believe you were entirely at fault, this can be powerful mitigation evidence used in negotiations and at sentencing to support misdemeanor treatment or reduced sentences.
How quickly do I need to hire an attorney after DUI with injury arrest?
Immediately. You have only 10 days to request a DMV hearing to fight license suspension. Additionally, early attorney involvement allows preservation of accident scene evidence, witness interviews, medical record review, and negotiations with prosecutors before formal charging. The sooner an attorney is involved, the better your chances of felony reduction or case dismissal.
What if I was also injured in the accident?
You can still be charged with DUI causing injury even if you were also hurt in the collision. The prosecution only needs to prove someone else was injured due to your intoxicated driving. However, your injuries may support arguments about causation (that the accident wasn't entirely your fault) or mitigation at sentencing, and may indicate the severity of the collision.
How much victim restitution will I owe?
Restitution depends entirely on the victim's economic losses: medical bills, lost wages, property damage, and sometimes pain and suffering. Amounts can range from a few thousand dollars to well over $100,000 for serious injuries requiring surgery and extended treatment. An experienced attorney can challenge excessive claims and work to minimize your restitution obligation.
Take Action to Protect Your Future
DUI with injury charges in Nevada City threaten everything you've built—your freedom, your career, your family, your future. The difference between felony and misdemeanor treatment is the difference between state prison and probation, between a permanent felony record and a misdemeanor conviction, between losing your gun rights forever and preserving them.
But you have options. As a wobbler offense, DUI causing injury can be reduced to a misdemeanor through skilled negotiation. Great bodily injury enhancements can be defeated through medical expert testimony. Causation can be challenged through accident reconstruction. Your case is not hopeless—but time is critical.
With over 25 years defending DUI cases in Nevada County Superior Court, I know exactly how prosecutors and judges approach these cases. I know what defenses work, what evidence matters, and how to fight for the best possible outcome.
Call me now at 530-265-0186 for an immediate, confidential consultation. I'll review every aspect of your case, identify defense opportunities, and explain exactly how I can help. Don't face this alone—let me fight for your freedom.