California Vehicle Code 23153 – DUI Causing Injury

Los Angeles DUI Attorney

Facing charges under California Vehicle Code 23153 – DUI Causing Injury is a serious and life-changing experience. Whether the offense is charged as a misdemeanor or felony, the potential consequences can be devastating. A conviction for DUI causing injury may result in significant fines, jail or prison time, restitution to the injured party, a lengthy driver’s license suspension, and lasting damage to your reputation and future opportunities. California law holds drivers accountable not only for driving under the influence of alcohol or drugs but also for any harm caused to others as a result.

DUI causing injury cases are aggressively prosecuted in California and often involve complex legal and procedural challenges. Prosecutors must prove that you were driving under the influence, violated a traffic law or acted negligently, and that your actions caused injury to another person. Given the high stakes, it is critical to have an experienced DUI attorney by your side to protect your rights and fight for the best possible outcome.

At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against serious DUI charges, including those involving injury. Attorney Hashemi takes a personalized and strategic approach to each case, carefully reviewing the evidence, challenging the prosecution’s claims, and building a strong defense tailored to your unique circumstances. Whether negotiating with prosecutors or advocating for you in court, our firm is dedicated to securing the best possible resolution for your case. Contact us today at (310) 448-1529 to schedule a free consultation with a trusted Los Angeles DUI attorney and take the first step toward protecting your rights and your future.

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    What is California Vehicle Code 23153 – DUI Causing Injury?

    Definition of DUI Causing Injury

    Under California Vehicle Code 23153, it is illegal to drive under the influence of alcohol or drugs and cause bodily injury to another person as a result. The prosecution must prove that your impaired driving was a substantial factor in causing the injury.

    Key elements of a VC 23153 charge include:

    • You were driving a motor vehicle.
    • You were under the influence of alcohol or drugs, or your blood alcohol concentration (BAC) was 0.08% or higher.
    • Your actions violated a traffic law or were otherwise negligent.
    • That violation or negligence caused bodily injury to another person.

    Misdemeanor vs. Felony DUI Under VC 23153

    DUI causing injury can be charged as either a misdemeanor or felony, depending on the circumstances of the case, the severity of the injuries, and whether you have prior DUI convictions.

    • Misdemeanor: Typically charged in cases involving minor injuries and no aggravating factors.
    • Felony: Charged when injuries are significant, or if the driver has prior DUI convictions, was driving on a suspended license, or exhibited reckless behavior.

    Penalties for DUI Causing Injury in California

    Misdemeanor DUI with Injury

    • Up to 1 year in county jail.
    • Fines ranging from $390 to $5,000.
    • Restitution to injured parties for medical expenses or other losses.
    • Informal probation for 3 to 5 years.
    • Mandatory completion of a DUI education program.
    • Potential driver’s license suspension for 1 to 3 years.

    Felony DUI with Injury

    • 16 months to 10 years in state prison, depending on the severity of the injuries and the number of victims.
    • Fines up to $5,000.
    • Restitution to victims for medical bills, lost wages, and other damages.
    • Formal probation.
    • Mandatory enrollment in a DUI program lasting up to 30 months.
    • Potential driver’s license revocation for several years.

    Aggravating Factors That Can Increase Penalties

    • A BAC of 0.15% or higher.
    • Driving at excessive speeds or recklessly.
    • Having prior DUI convictions within 10 years.
    • Causing injuries to multiple victims.
    • Driving with a suspended or revoked license.

    Legal Defenses for DUI Causing Injury (California Vehicle Code 23153)

    Challenging the Breath or Blood Test Results

    The accuracy of breathalyzer and blood test results can be disputed for a variety of reasons, including:

    • Improper calibration or maintenance of the testing equipment.
    • Errors made by the person administering the test.
    • External factors, such as certain medical conditions (e.g., GERD or diabetes) or residual mouth alcohol, which can produce false positives.
      If the reliability of the chemical test is undermined, the prosecution’s case against you may weaken significantly.

    Proving No Causal Link Between DUI and Injury

    To convict you under Vehicle Code 23153, the prosecution must show that your intoxicated state was a substantial factor in causing the injury. If the injury was caused by another driver, a mechanical failure, unsafe road conditions, or other factors unrelated to your alleged impairment, your attorney can argue that this element of the charge has not been met.

    Lack of Probable Cause for the Traffic Stop or Arrest

    Police officers must have a valid legal reason to stop your vehicle or arrest you for DUI. If the traffic stop violated your constitutional rights—for example, because it was conducted without reasonable suspicion—any evidence obtained as a result of the stop (including chemical test results) may be suppressed. This can severely weaken the prosecution’s case and may result in the charges being dismissed.

    Injury Was Not Significant or Substantial

    California law requires that the injury caused by the DUI be significant or substantial. Minor injuries, such as scratches or bruises, may not meet the legal threshold for a DUI causing injury charge. If your attorney can show that the injury was not severe, the charges may be reduced to a standard DUI offense.

    Disputing the Evidence of Negligence

    A DUI causing injury charge also requires proof that you acted negligently or violated a traffic law while driving. If your attorney can show that you were following all traffic laws and that the accident was unavoidable or caused by another factor, this element of the charge may not hold up.

    Common Questions About DUI Causing Injury Under California Vehicle Code 23153

    Can a DUI Causing Injury Be Reduced to a Lesser Charge?

    Yes, depending on the circumstances of your case, a DUI causing injury charge can often be reduced. For example, if the injuries were minor or mitigating factors are present, a felony DUI causing injury may be reduced to a misdemeanor. Additionally, your attorney may negotiate a plea agreement for a lesser offense, such as reckless driving or a “wet reckless” charge.

    The possibility of a reduction depends on factors such as the quality of the evidence, whether procedural errors occurred, and whether you have prior convictions. By carefully analyzing the details of your case, an experienced attorney can negotiate with the prosecution to secure a lesser charge and reduce the potential penalties you face.

    Will I Lose My License After a DUI Injury Conviction?

    A DUI injury conviction often leads to a license suspension or revocation. The length of the suspension depends on whether you are convicted of a misdemeanor or felony and whether aggravating factors, such as prior DUI offenses, are involved.

    In addition to the court-imposed penalties, the California Department of Motor Vehicles (DMV) may impose an administrative suspension. This can occur independently of your criminal case and may happen as soon as you are charged. To challenge the DMV’s suspension, you must request a hearing within 10 days of the arrest. Failing to do so could result in losing your license for months or even years.

    What Are the Civil Consequences of DUI with Injury?

    In addition to criminal penalties, you may face civil consequences if convicted of a DUI causing injury. The injured party has the right to file a civil lawsuit against you for damages, including:

    • Medical bills resulting from their injuries.
    • Lost wages due to time off work.
    • Pain and suffering, which may include emotional trauma or reduced quality of life.

    If the injuries were severe or life-altering, the financial damages awarded in a civil case could be substantial. Resolving the criminal case effectively with the help of an experienced attorney may reduce complications in any related civil proceedings.

    How Our Los Angeles DUI Attorney Can Help With VC 23153 Charges

    Defending against DUI causing injury charges requires a thorough and strategic approach. Attorney Hashemi and our legal team are dedicated to protecting your rights and minimizing the impact of these charges. We will carefully analyze the circumstances of your case, including the traffic stop, chemical test results, and the events surrounding the alleged injury, to develop a strong defense.

    One critical aspect of our representation involves negotiating reduced charges or dismissals. We will work to lower a felony charge to a misdemeanor or seek alternatives like reckless driving instead of DUI. In some cases, we may even secure a dismissal if the evidence is weak or procedural errors occurred during the investigation.

    Building a solid legal defense is another key focus. We will challenge the prosecution’s evidence by questioning the accuracy of breath or blood test results, examining whether law enforcement had probable cause for the stop, and disputing claims that your actions caused the injury. Every detail will be reviewed to create the strongest possible case on your behalf.

    Contact a Los Angeles DUI Attorney to Discuss Your Case

    Driving under the influence causing injury is a serious offense under California law, with penalties that can include significant jail or prison time, fines, and long-term consequences for your personal and professional life. Effective legal representation is essential at every stage of the case, from the initial investigation to resolution, to protect your rights and pursue the best possible outcome.

    At The Law Offices of Arash Hashemi, we have more than 20 years of experience defending clients charged with DUI causing injury. Attorney Hashemi takes the time to carefully review the facts of each case, examine the prosecution’s evidence, and identify weaknesses or inconsistencies. Whether working to reduce charges, secure a dismissal, or defend you in court, we are committed to minimizing the impact of these charges on your future.

    Representation by a skilled Los Angeles DUI attorney can make all the difference in a case like this. Contact us today for a free consultation to discuss your case and learn how we can help.


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    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.