DUI with Injury: VC 23153

DUI violations that involve injury to someone other than the driver fall under Vehicle Code 23153 and come with more severe penalties than those that accompany a conviction for DUI without injury (VC 23152).

VC 23153(a) declares it illegal to cause injury to another person while driving under the influence of alcohol and/or drugs, while VC 23153(b) specifies that it's a crime to cause injury to another person while driving with a blood alcohol content of 0.08% or higher. DUI with injury is a 'wobbler', meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the incident.

Penalties for DUI with Injury

Vehicle Codes 23554 and 23556 state that a first-time conviction for DUI with injury is punishable by up to one year in county jail, or a year or more in state prison; $390 to $1000 in fines; probation; counseling; and participation in an DUI education program.

Vehicle Codes 23560 and 23562 state that a DUI with injury conviction that occurs within 10 years of any other DUI conviction is punishable by 30 days to one year in county jail, or a year or more in state prison; $390 to $5000 in fines; probation; counseling; and participation in an 18-month or 30-month DUI education program.

Vehicles Codes 23566 and 23568 state that a DUI with injury conviction that occurs within 10 years of two prior DUI convictions is punishable by a minimum of one year in county jail, or two, three, or four years in state prison, as well as additional years for fourth and subsequent convictions; $390 to $5000 in fines; designation as a habitual traffic offender; probation; counseling; and participation in an 18-month or 30-month DUI education program.

There are also enhancements for incidents that involve multiple victims.

Suspension of Driving Privileges for DUI with Injury

VC 13352(a)(2) states that a first conviction for DUI causing injury results in a one-year suspension of driving privileges.

VC 13352(a)(4) states that a conviction for DUI causing injury that occurs within 10 years of any prior DUI conviction results in a mandatory three-year suspension of driving privileges. However, a restricted license may be obtained after serving 12 months of the license suspension if the following requirements are met: installation of Ignition Interlock Devices on the convicted person's vehicles; participation in a DUI education class; provision of proof of insurance; payment of all fines and administrative costs.

VC 13352(a)(8) states that a conviction for DUI causing injury that occurs within 10 years of two or more prior DUI convictions results in a mandatory five-year suspension of driving privileges. However, a restricted license may be obtained after serving 12 months of the license suspension if the following requirements are met: installation of Ignition Interlock Devices on the convicted person's vehicles; participation in a DUI education class; provision of proof of insurance; payment of all fines and administrative costs.

For a more detailed explanation of the optional installation of Ignition Interlock Devices, click here.

Mandatory Installation of Ignition Interlock Devices in Sacramento County

Sacramento County is one of four counties in California - including Alameda, Tulare, and Los Angeles - participating in a pilot program that requires the installation of Ignition Interlock Devices on vehicles operated by all people convicted of DUI, including DUI with injury. Click here for a complete description of that program.

Confidential and Free Consultation

Call me at (916) 442-1200 if you or someone you know has been arrested for DUI with injury or any other DUI related incident. We can discuss your case in a free and confidential consultation.