Practice area – DUI with Injury
Charged with DUI causing injury in Riverside County?
VC 23153 – the moment a DUI causes someone else to be hurt, it becomes a wobbler with felony exposure. Great bodily injury enhancements stack on top.
Available 24/7
What you’re facing
DUI with Injury (VC 23153) is a wobbler. Misdemeanor: up to 1 year jail, 18+ months DUI school, license suspension. Felony: 16 months, 2, or 3 years state prison. Great Bodily Injury enhancement (PC 12022.7) adds 3, 4, 5, or 6 years – converting the underlying charge to a Strike Offense. Each victim is a separate count. Restitution can include medical costs, lost wages, and pain and suffering.
Defenses I build
Three lines of defense in DUI with injury cases. First, attack the underlying DUI – challenge BAC reliability, the legality of the stop, and observation evidence. Second, attack causation – was the DUI actually the cause of the injury, or was there comparative fault, intervening cause, or pre-existing injury? Third, attack the severity classification – does the alleged injury actually meet the injury threshold under VC 23153, or the great bodily injury threshold under PC 12022.7? Each of these challenges, if successful, dramatically changes the outcome.
DUI with Injury Case Results
Charged With
Case result available on consultation
Outcome
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DUI – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
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DUI – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
DUI – Riverside Co.
Charged With
Case result available on consultation
Outcome
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DUI – Riverside Co.
Charged With
Case result available on consultation
Outcome
12 Years
DUI – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
DUI – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
DUI – Riverside Co.
Common Questions
What level of injury triggers VC 23153?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
Can I be charged with DUI with injury if I was not at fault?
Yes, but it complicates the prosecution case. VC 23153 requires the DUI to be a substantial factor in causing the injury. If another driver caused the accident and the DUI driver was just present, the case becomes much harder for the prosecution. Comparative fault is a real defense – I work with accident reconstruction experts when the causation is disputed.
What is the Great Bodily Injury enhancement?
Great Bodily Injury (PC 12022.7) adds 3, 4, 5, or 6 years to the underlying sentence and makes the case a Strike Offense. To apply, the injury must be significant or substantial – beyond minor or moderate. Whether GBI applies is often hotly contested, and a successful challenge can drop the strike off the table even if the underlying VC 23153 conviction stands.
Elements of DUI with Injury Cases
VC 23153 requires the prosecution to prove specific elements. Each is challengeable.
Underlying DUI (VC 23152)
Driving with .08 BAC or while impaired by alcohol or drugs.
Injury Element
Bodily injury to another person caused by the DUI driving.
Causation Requirement
DUI must be a substantial factor in causing the injury.
Misdemeanor Version
Up to 1 year county jail. Mandatory DUI school. License suspension.
Felony Version
16 months, 2, or 3 years state prison. Wobbler decision is prosecutorial.
Great Bodily Injury (PC 12022.7)
Adds 3-6 years. Makes underlying charge a Strike.
Multiple Victims
Each victim is a separate count with additional penalty.
Causation – The Hidden Defense
For VC 23153 to apply, the DUI must have actually caused the injury. Often this is challengeable:
- Pre-existing injury or condition that contributed to the alleged harm
- Comparative fault – the other party may have caused or contributed to the incident
- Intervening causes – third-party actions between the DUI and the injury
- The driving behavior itself may not have been impaired-related (sober drivers crash too)
- Medical evidence may not support the severity level claimed
Causation defense rarely makes headlines but it frequently changes outcomes. A successful causation challenge can drop a VC 23153 charge to standard DUI or even result in dismissal.