DUI Causing Injury – California Vehicle Code 23153(a) VC

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Strong Legal Representation for DUI Causing Injury Charges in California

If you have been charged with DUI causing injury in Los Angeles you are facing a wobbler that can be filed as a misdemeanor or a felony and the consequences of a felony conviction are severe and permanent. Vehicle Code 23153(a) vc is one of the most seriously prosecuted DUI charges in California because it involves both impaired driving and physical harm to another person. Prosecutors pursue these cases with significantly more resources and aggression than a standard DUI and the earlier a defense attorney is involved the better positioned your defense will be. At The Law Offices of Arash Hashemi our Los Angeles DUI attorney has spent over 20 years defending clients against DUI causing injury and serious criminal charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

DUI Causing Injury Under California Law – Vehicle Code 23153(a) VC

Vehicle Code 23153(a) vc makes it unlawful for any person who is under the influence of alcohol 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. Three elements must all be present — the defendant was under the influence, the defendant committed an unlawful act or neglected a legal duty while driving, and that act or neglect caused injury to another person.

The unlawful act or neglect element is what separates DUI with injury from a standard DUI charge. Simply being impaired while driving is not enough. The prosecution must identify a specific traffic violation or negligent act that caused the collision and the injury. Running a red light, speeding, making an unsafe lane change, or failing to yield are the most common underlying acts alleged. When the prosecution cannot establish a specific unlawful act or neglect the 23153(a) vc charge cannot be sustained even when the defendant was under the influence and a collision occurred.

DUI with Injury — Misdemeanor or Felony

DUI with injury under 23153(a) vc is a wobbler. The District Attorney decides whether to file it as a misdemeanor or a felony based on the severity of the injuries, the defendant’s prior DUI history, the circumstances of the collision, and the degree of impairment involved. A misdemeanor conviction carries 5 days to one year in county jail, fines, a mandatory DUI program, and a one-year license suspension. A felony conviction carries 16 months, 2 years, or 3 years in state prison as the base sentence with significant enhancements that apply based on the number of victims and the severity of their injuries.

When a DUI with injury is charged as a felony additional consecutive sentencing applies for each additional injured victim beyond the first. One additional year for each additional person who suffered injury and 3 to 6 years for each person who suffered great bodily injury under PC 12022.7. A defendant who caused injury to multiple people in a single collision can face a sentence that compounds dramatically with each victim. A felony DUI with injury conviction also counts as a strike under the Three Strikes law and results in the permanent loss of firearm rights.

What the Prosecution Must Prove

To secure a conviction under 23153(a) vc the prosecution must establish beyond a reasonable doubt:

  • The defendant drove a vehicle
  • At the time of driving the defendant was under the influence of alcohol
  • While driving the defendant committed an unlawful act or neglected a legal duty
  • That unlawful act or neglect was a proximate cause of bodily injury to another person

The causation element is frequently the most contested in DUI causing injury cases. Proximate cause requires proof that the defendant’s unlawful act or neglect was a substantial factor in causing the injury. When another driver’s conduct, road conditions, a vehicle defect, or the victim’s own actions contributed to the collision our criminal defense attorney presents independent forensic and accident reconstruction evidence challenging whether the defendant’s conduct was the proximate cause of the injury.

Legal Defenses Against DUI Causing Injury Charges

Challenging the Unlawful Act or Neglect Element

The prosecution must identify a specific traffic violation or negligent act that caused the collision. When the evidence does not support a finding that the defendant committed any unlawful act or neglected any legal duty while driving the charge fails even when the defendant was impaired. Our criminal defense attorney challenges this element through independent accident reconstruction, traffic engineering analysis, and a detailed review of every piece of physical evidence from the collision scene.

Challenging Causation

Even when an unlawful act is established the prosecution must prove it was a proximate cause of the injury. When another driver’s conduct contributed to the collision, when road conditions were a substantial factor, or when the alleged victim’s own actions played a role in causing the accident our criminal defense attorney presents independent forensic evidence challenging causation directly. A successful causation challenge can defeat the charge entirely even when impairment is not in dispute.

Challenging the Chemical Evidence

Blood alcohol evidence in DUI causing injury cases is subject to the same challenges that apply in any DUI prosecution. Equipment calibration records, chain of custody for blood samples, and laboratory methodology all require scrutiny. When the blood draw was conducted without a valid warrant or proper consent the results may be suppressible. When the BAC result is close to the legal limit the rising blood alcohol defense may establish the defendant was not legally impaired at the time of driving even if the test result reflected impairment at the time of the draw.

Securing Misdemeanor Treatment

Because this is a wobbler early engagement with prosecutors before the filing decision is made creates the opportunity to present mitigating information and argue for misdemeanor treatment. The nature and severity of the injuries, the defendant’s prior record, and the specific circumstances of the collision all influence that decision. Getting a criminal defense attorney involved before arraignment is the most effective time to influence how the case is filed because once the felony designation is locked in that window closes.

Contact a Los Angeles DUI Attorney for 23153(a) VC Charges Today

A DUI with injury conviction in California carries consequences that extend far beyond the sentence itself. Attorney Arash Hashemi has defended clients against DUI causing injury and serious criminal charges throughout Los Angeles County for over 20 years. He will review the facts of the collision, analyze the chemical evidence, examine the accident reconstruction, and build a defense strategy focused on the best available outcome from day one. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing DUI causing injury and serious criminal charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.