California Vehicle Code 23153 VC

DUI Causing Injury

If because you were driving under the influence, you injure another person, prosecutors will likely charge you with “DUI with injury” under California Vehicle Code section 23153 VC.¹ This charge is a “wobbler,” which means that it may be prosecuted as either a misdemeanor or as a felony depending on

1. the circumstances of the offense, and



2. your criminal history, with particular emphasis placed on your prior DUI history.

In order to better understand the specifics of this offense, our California DUI defense attorneys will address the following:

Overview of California Vehicle Code 23153 VC DUI Causing Injury

How Does the Prosecutor Prove that I am Guilty of a DUI Causing Injury?

Penalties, Punishment, and Sentencing for Vehicle Code 23153 VC

How Do I Fight a Charge for a DUI Causing Injury?

Vehicle Code 23153 VC DUI Causing Injury and Related Offenses

If, after reading this article, you have additional questions, we invite you to contact our California DUI defense lawyers for a consultation.

You may also find helpful information in our related articles on Vehicle Code 23152(a) Driving Under the Influence, California DUI Laws and Commercial Licenses, California Felony DUI, Penal Code 191.5 Vehicular Manslaughter While Intoxicated, and 20 Ways to Beat a California DUI. And always feel free to contact us at Shouse Law Group.

Overview of California Vehicle Code 23153 VC DUI Causing Injury

California first enacted drunk driving laws in 1911. These laws prohibited driving while intoxicated. “Intoxicated” was loosely defined and, as a result, lobbyists sought stricter enforcement.

In the 1980s, various citizen groups (led by Mothers Against Drunk Driving (MADD)) convinced the state to rewrite California’s DUI laws. It was during that decade that major new legislation changed the ways DUI cases were prosecuted, defended, and punished.

Vehicle Code 23152 VC was introduced in 1981. At that time, California DUI laws prohibited driving while “under the influence” or driving “with a BAC of 0.10% or greater.” In response to even more political pressure, the California Legislature lowered the threshold from 0.10% to 0.08% in 1989.

Today, Vehicle Code 23513 VC…which punishes driving under the influence and causing an injury…remains essentially unchanged since its inception in 1989.

How Does the Prosecutor Prove that I am Guilty of a DUI Causing Injury?

That depends on which subdivision prosecutors charge you with. In order to convict you of California Vehicle Code 23153(a) VC “DUI causing injury,” the prosecutor must prove three facts (otherwise known as “elements of the crime”):²

1. you drove while under the influence of alcohol and/or drugs,



2. while driving, you broke a law (in addition to driving under the influence) or acted in an otherwise negligent manner while driving, and



3. that your unlawful act or negligence injured another person.

In order to convict you of Vehicle Code 23153(b) VC “driving with a BAC of 0.08% or greater and causing an injury,” the first element changes, but the second and third remain the same.

So instead of proving that you drove under the influence, the prosecutor must prove that you drove with a BAC of 0.08% or greater.³

It should be noted that if you were driving a commercial vehicle, the prosecutor need only prove that you drove with a BAC of 0.04% or greater. For more information about DUI laws and how they relate to commercial drivers, please review our article on California DUI Laws and Commercial Licenses.

Let’s take a closer look at these elements to better understand this offense.

That you drove “under the influence” or “with a BAC of 0.08% or greater”

If you are “under the influence,” it means that “your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”⁴

With respect to driving under the influence of drugs, the drugs may be illegal, prescription, or even over-the-counter.⁵

Driving “with a BAC of 0.08% or greater” is what’s known as the “per se” law. This is because California DUI law presumes that if your BAC is 0.08% or greater at the time of your blood or breath test, you are guilty of DUI…regardless of whether you were actually under the influence of alcohol and/or drugs.⁶

Your blood alcohol concentration (or “BAC”) is the amount of blood that is present in your bloodstream. It is measured as grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.⁷

That you broke a law or otherwise acted in a negligent manner

California DUI law under Vehicle Code 23153 provides that you must (1) act in a negligent manner, or (2) break a law in addition to driving under the influence. This means that it must be your act or negligence that causes the other person’s injury.

Here’s an example to illustrate the point.

Bob, who is “buzzed” while driving home from a party, gets rear-ended by Steve, who cut his head on the windshield during the accident. Under these circumstances, prosecutors could charge Bob with “DUI causing injury.”

However, Bob’s California DUI defense attorney would argue that Vehicle Code 23152 misdemeanor DUI⁸ would be a more appropriate charge…since the accident and injury weren’t caused by Bob. But,

If Bob was speeding while buzzed and he rear-ended Steve, prosecutors would likely maintain that a “DUI with injury” under VC 23153 would be the appropriate charge, because

1. he sped while driving under the influence, and



2. his speed led him to rear-end Steve, causing Steve’s head injury.

Penalties, Punishment, and Sentencing for Vehicle Code 23153 VC

The punishment for a California “DUI with injury” varies a great deal depending on

1. the facts of your specific case, and



2. whether it’s your first or second DUI within a ten year period (otherwise known as a “lookback” period). California DUI offenses are “priorable,” which means that your punishment necessarily increases with each subsequent conviction.

It should be noted that unlike a non-injury DUI under Vehicle Code 23152, a third “DUI with injury” offense is an automatic California felony DUI, not a misdemeanor.⁹

Below are the types of penalties that you face if convicted of either misdemeanor or felony Vehicle Code 23153 VC.

Misdemeanor DUI with injury¹⁰ --

• Informal (“summary”) probation for three to five years,



• five days to one year in a county jail,



• between $390-$5,000 in fines,



• a three, nine, 18, or 30 month court approved alcohol or drug education program (otherwise known as “California DUI school”),



• a one or three-year suspension of your California driving privilege, and



• restitution to any/all injured parties.

Felony DUI with injury¹¹ --

• Two, three, or four years in the California State Prison, with



• an additional and consecutive three- to six-year prison sentence if any victim suffers great bodily injury,¹² or



• an additional and consecutive one-year sentence for each additional person that suffers any injury…up to three years maximum,¹³ and



• a “strike” on your record pursuant to California’s Three Strike’s Law if anyone other than yourself suffers great bodily injury,



• between $1,015-$5,000 in fines,



• an 18- or 30-month court-approved DUI school,



• Habitual Traffic Offender (HTO) status for three years, and



• a five-year revocation of your California driver’s license.
  
  

How Do I Fight a Charge for a DUI Causing Injury?

Defending against a California Vehicle Code 23153 VC violation begins with the same approach as defending against any drunk driving charge. A California DUI defense attorney will explore all possibilities of proving that (1) you weren’t under the influence, and/or (2) that your unlawful blood alcohol level was inaccurately reported.

A skilled California drunk driving defense attorney will additionally ensure that all investigation, arrest, and breath-testing procedures were properly adhered to.

The defense takes on an additional approach when focusing in on the accident and subsequent injury. A good criminal defense lawyer will work with an accident reconstruction expert who can independently evaluate whether the accident that caused the injury was truly your fault.

The accident reconstruction expert “reconstructs” the scene, taking into account factors such as

• the weather,



• road conditions,



• damage to the vehicles, and



• any other relevant evidence that he/she acquires.

This is critical because when police arrive on the scene of an accident and learn that someone has been drinking, they tend automatically to assume that that person is to blame. Police traffic investigators then write their reports based on that presumption.

As Los Angeles DUI defense attorney John Murray explains,¹⁵ “This is why Vehicle Code 23153 charges are frequently reduced to Vehicle Code 23152 VC charges. It is often difficult for the prosecution to prove that it was your negligence that caused the other person’s injury, rather than the alleged fact that you were simply under the influence.”

For a detailed explanation of specific DUI defenses that may be applicable to a Vehicle Code 23153 VC charge, please review our article “20 Ways to Beat a California DUI.”

Vehicle Code 23153 VC DUI Causing Injury and Related Offenses

There are a variety of offenses that…depending on the circumstances…prosecutors could charge you with in addition to (or in lieu of) Vehicle Code 23153 “DUI with injury.” Below is an example of some of the most common.

California Penal Code 191.5 PC Vehicular Manslaughter While Intoxicated

Prosecutors could charge you with Penal Code 191.5 vehicle manslaughter while intoxicated under two circumstances:

1. if you break a law…in addition to driving under the influence…or negligently cause the death of another,¹⁶ or



2. when…in addition to driving under the influence…you commit an act that is likely to result in the death of another person.¹⁷
   
   

California Vehicle Code 20001 Felony Hit and Run Involving Injury or Death

Prosecutors could charge you with Vehicle Code 20001 VC felony hit and run involving injury or death if…after you are involved in an accident…you don’t (1) stop and provide your information, and (2) provide reasonable assistance to anyone requiring medical attention.¹⁸

Although we’re dealing with DUI causing injury…which implies that you are at fault for the accident…it should be noted that these requirements apply regardless of liability.

California Penal Code 273a PC Child Endangerment

Prosecutors could charge you with Penal Code 273a child endangerment if…at the time of your DUI offense…you were driving with a child as a passenger in the car.¹⁹ If convicted of a felony child endangerment charge, you fact up to six years in the state prison.²⁰

If you have additional questions about California DUI laws, or you would like to discuss your case confidentially with one of our drunk driving defense attorneys, we invite you to contact us at Shouselaw.

We have local DUI law offices in Los Angeles, San Diego, Riverside, Orange County, San Bernardino, Ventura, San Jose, the San Francisco Bay area, and several nearby cities to conveniently serve you.

Additional Resource:

Court-Approved DUI Alcohol Programs –
A state-wide listing of court-approved DUI alcohol programs broken down by city.

Legal References:

¹ California Penal Code 23153 VC -- Driving under the influence and causing bodily injury to another person; blood alcohol percentage; presumptions. (“(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision [that is, California DUI causing injury], it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. (c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.”) (Your blood alcohol concentration (or “BAC”) is the amount of blood that is present in your bloodstream.)

² California Jury Instructions – Criminal. CALJIC 12.60 -- Felony driving under the influence causing injury. (“In order to prove this crime, each of the following elements must be proved: [1] A person drove a vehicle while under the [influence of [any alcoholic beverage] [any drug]] [combined influence of any alcoholic beverage and any drug]; [2] That person concurrently [did an act which violated the law] [or] [failed to perform a duty required by law], namely, ; and [3] The [violation of law] [or] [failure to perform a duty] was a cause of bodily injury to a person other than the driver of the vehicle.”)

³ California Jury Instructions – Criminal. CALJIC 12.60.1 -- Felony driving with 0.08% (otherwise known as DUI with a BAC of 0.08% or greater and causing an injury]. (“In order to prove this crime, each of the following elements must be proved: [1] A person drove a vehicle while having 0.08 percent or more, by weight, of alcohol in [his] [her] blood; [2] That person concurrently [did an act forbidden by law] [or] [failed to perform a duty imposed by law] in the driving of the vehicle, namely, ; and [3] The [violation of law] [or] [failure to perform a duty] was a cause of bodily injury to a person other than the driver of the vehicle.”)

⁴ California Jury Instructions – Criminal. CALJIC 12.65 -- Driving under the influence – felony prosecutions. (“A person is [under the influence of an alcoholic beverage] [under the influence of a drug] [under the combined influence of an alcoholic beverage and a drug] when as a result of [drinking such alcoholic beverage] [using a drug] [his] [her] physical or mental abilities are impaired to such a degree that [he] [she] no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”)

⁵ See same regarding driving under the influence of drugs. (“[The term “drug” as used in this instruction means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, [his] [her] ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of [his] [her] faculties, using reasonable care, would drive a similar vehicle under like conditions.]”)

⁶ California Jury Instructions – Criminal. CALJIC 12.61.1 Driving With 0.08 Percent or More—Inference. (“(Vehicle Code §§ 23152, subdivision (b) and 23153 [California DUI causing injury], subdivision (b))
If the evidence establishes beyond a reasonable doubt that (1) a sample of defendant's blood, breath or urine was obtained within three hours after [he] [she] operated a vehicle and (2) that a chemical analysis of the sample established that there was 0.08 percent or more, by weight, of alcohol in the defendant's blood at the time of the performance of the chemical test, then you may, but are not required to, infer that the defendant drove a vehicle with 0.08 percent or more, by weight, of alcohol in [his] [her] blood at the time of the alleged offense. [The failure, if any, to follow the regulations adopted by the California State Department of Health for procedures to be used in administering tests to determine the concentration of alcohol in a person's blood may be considered by you in determining the accuracy of the test or test results made in this case.]”)

⁷ Your blood alcohol concentration (“BAC”) is measured by California DUI chemical tests. Blood and breath tests are the most reliable indicators of one’s BAC, although urine tests are sometimes used.

⁸ California Vehicle Code 23152 misdemeanor DUI. (“(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”)

⁹ California Vehicle Code 23566 (California felony DUI) -- Three or more offenses; punishment. (“(a) If a person is convicted of a violation of [Vehicle Code] Section 23153 [DUI causing injury] and the offense occurred within 10 years of two or more separate violations of [Vehicle Code] Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). “)

¹⁰ California Vehicle Code 23556 -- Conditions of probation for a first offense for Vehicle Code 23153 DUI causing injury. (“(a)(1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). (2) The person's privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b)(1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program [otherwise known as California DUI school], established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court. (2) In any county where the board of supervisors has approved and the State Department of Alcohol and Drug Programs has licensed an alcohol and other drug education and counseling program, the court shall also impose as a condition of probation that the driver enroll in, participate in, and successfully complete, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, in the driver's county of residence or employment, as designated by the court. For the purposes of this paragraph, enrollment in, participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation. (3) The court shall refer a first offender [under California Vehicle Code 23153 DUI causing injury] whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (4) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (c)(1) The court shall revoke the person's probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b). (2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the Department of Alcohol and Drug Programs. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered. (d) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (e) This section shall become operative on September 20, 2005.”)

See also California Vehicle Code 23562 -- Conditions of probation for second offense Vehicle Code 23153 DUI with injury. (“If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows: (a) Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) All of the following apply [for a second conviction of California Vehicle Code 23153 VC DUI causing injury]: (1) Be confined in the county jail for at least 30 days, but not more than one year. (2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (4) Either of the following: (A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person's residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. (c) The court shall advise the person at the time of sentencing [for a second offense California Vehicle Code 23153 DUI with injury] that the driving privilege shall not be restored until the person has provided proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code. (d) This section shall become operative on September 20, 2005.”)

¹¹ California Vehicle Code 23566 -- Three or more offenses; punishment for Vehicle Code 23153 VC DUI causing injury. (“(a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (b) If a person is convicted of a violation of [California Vehicle Code] Section 23153 [DUI causing injury], and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person's privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550. (c) If a person is convicted under subdivision (b), and the offense for which the person is convicted occurred within 10 years of four or more separate violations of [California Vehicle Code] Section 23103, as specified in Section 23103.5, or Section 23152 or [Vehicle Code] 23153 [DUI causing injury], or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years. The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law. (d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350. (e) A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the person's confinement. Completion of an alcohol or drug program under this section does not meet the program completion requirement of paragraph (6) of subdivision (a) of Section 13352, unless the drug or alcohol program is licensed under Section 11836 of the Health and Safety Code, or is a program specified in Section 8001 of the Penal Code.”)

¹² California Penal Code 12022.7 -- Terms of imprisonment for persons inflicting great bodily injury while committing or attempting felony. (“(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years [this includes a violation of California Vehicle Code 23153 DUI causing injury]. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature, shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. (c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. (d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. (e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700. (f) As used in this section, “great bodily injury” means a significant or substantial physical injury. (g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense. (h) The court shall impose the additional terms of imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.”)

¹³ California Vehicle Code 23558 -- Causing bodily injury or death to more than one victim while driving in violation of specified sections; felony convictions; enhancement of punishment. (“A person who proximately causes bodily injury or death to more than one victim in any one instance of driving in violation of [California Vehicle Code] Section 23153 [DUI with injury] of this code or in violation of Section 191.5 of, or subdivision (a) of Section 192.5 of, the Penal Code, shall, upon a felony conviction, and notwithstanding subdivision (g) of Section 1170.1 of the Penal Code, receive an enhancement of one year in the state prison for each additional injured victim. The enhanced sentence provided for in this section shall not be imposed unless the fact of the bodily injury to each additional victim is charged in the accusatory pleading and admitted or found to be true by the trier of fact. The maximum number of one year enhancements that may be imposed pursuant to this section is three. Notwithstanding any other provision of law, the court may strike the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.”)

¹⁴ California Penal Code 1192.7. (“(c) As used in this section, “serious felony” means any of the following: (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm…” This is applicable to Vehicle Code 23153 VC DUI causing injury.) See also California Penal Code 667 -- Habitual criminals; enhancement of sentence; amendment of section (otherwise known as California's Three Strikes Law). ("(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses [such as California DUI causing great bodily injury].")

¹⁵ Los Angeles DUI defense attorney John Murray represents clients accused of California drunk driving cases in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier.

¹⁶ California Penal Code 191.5 vehicle manslaughter while intoxicated -- negligent vehicular manslaughter while driving. (“(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.”)

¹⁷ See same. (“(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153[California DUI causing injury] of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”)

¹⁸ California Vehicle Code 20001 VC felony hit and run involving injury or death. (“Duty to stop at scene of injury accident; penalties. (“(a) The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of [California Vehicle Code] Sections 20003 and 20004.”)

¹⁹ California Penal Code 273a child endangerment. (“(a) Any person who, under circumstances or conditions likely to produce great bodily harm or death [such as driving under the influence in violation of California Penal Code 23153], willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.”)

²⁰ See same.

Join us to discuss your criminal case at any of our
local offices: You can also contact us 24/7 at
888.327.4652 for a free consultation