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DUI Defense 9 min read February 2026

DUI with Injury (VC 23153): Understanding California's Most Serious DUI Charge

When a DUI results in injury to another person, the stakes escalate dramatically. VC 23153 carries some of the most severe penalties in California's Vehicle Code.

DUI with injury under Vehicle Code 23153 is a "wobbler" offense that can be charged as either a misdemeanor or felony. The decision depends on the severity of injuries, your prior record, and other factors.

What Is DUI with Injury?

California Vehicle Code 23153 makes it illegal to:

  • Drive under the influence of alcohol or drugs AND cause bodily injury to another person
  • Drive with a BAC of 0.08% or higher AND cause bodily injury to another person

Strike Offense Warning

A felony DUI with injury conviction counts as a "strike" under California's Three Strikes law, which can dramatically affect sentencing for any future felony convictions.

Misdemeanor vs. Felony DUI with Injury

Misdemeanor VC 23153

  • • 5 days to 1 year county jail
  • • $390 - $5,000 in fines
  • • 1-3 year license suspension
  • • 3-5 years probation
  • • DUI school (3-30 months)
  • • Restitution to victims

Felony VC 23153

  • • 16 months to 16 years state prison
  • • Additional 1-6 years per victim with GBI
  • • Up to $5,000+ in fines
  • • 5-year license revocation
  • • Strike on your record
  • • Habitual Traffic Offender status

Sentence Enhancements

Additional prison time can be added for:

EnhancementAdditional Time
Great Bodily Injury (GBI)3-6 years per victim
Multiple Victims1 year per additional victim
Prior DUI ConvictionAutomatic felony filing
Victim Under 5 or Over 70Additional sentencing factors

Defense Strategies

Challenge CausationArgue the defendant's impairment didn't cause the accident or injuries
Contest ImpairmentChallenge BAC results or evidence of actual impairment
Question Injury SeverityDispute whether injuries qualify as 'bodily injury'
Procedural ViolationsIdentify violations of rights during investigation

For more information, visit our California DUI Defense and Violent Crimes pages.

Key Takeaways

  • DUI with injury is a wobbler—can be misdemeanor or felony
  • Felony conviction counts as a strike under Three Strikes law
  • Sentence enhancements can add years for each injured victim
  • Multiple defense strategies may apply depending on facts

Facing DUI with injury charges requires experienced defense.

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