How California DUI Injury Charges Differ From a Standard DUI
California DUI injury charges apply when an impaired driver also breaks a traffic law or neglects a driving duty, and that act causes bodily injury to someone else. The charge comes from Vehicle Code section 23153 rather than section 23152. As a result, the prosecution must prove more than impaired driving. It must also prove a separate act and a causal link to the injury.
Those added elements change the shape of the whole case. They bring in crash evidence, medical records and witness accounts. They also open a sentencing range that reaches state prison, along with longer license actions. Each part below follows that thread, from the statute to the license.
The Statute Behind California DUI Injury Charges
Vehicle Code section 23153 contains several parallel offenses. Subdivision (a) covers a driver under the influence of an alcoholic beverage. Subdivision (b) covers a driver with a blood alcohol level of 0.08 percent or more. A driver under the influence of any drug falls under subdivision (f). Finally, subdivision (g) covers the combined influence of alcohol and a drug.
Two more subdivisions use a lower 0.04 percent level. Subdivision (d) applies to drivers of commercial motor vehicles. Meanwhile, subdivision (e) applies when a passenger for hire is in the vehicle. In every version, the injury must be to a person other than the driver.
Each subdivision shares the same core structure. The driver must also do an act forbidden by law or neglect a duty imposed by law in driving the vehicle. That act or neglect must then proximately cause bodily injury.
What Jurors Must Find in California DUI Injury Charges
California’s standard jury instruction lists the elements in plain terms. CALCRIM No. 2100 covers the alcohol and drug versions of the offense. Under it, the People must prove four things.
- The defendant drove a vehicle.
- At that time, the defendant was under the influence of alcohol, a drug or both.
- While driving that way, the defendant also committed an illegal act or neglected a legal duty.
- That act or failure caused bodily injury to another person.
The instruction also defines “under the influence.” A person meets that definition when their mental or physical abilities are so impaired that they can no longer drive with the caution of a sober person. However, the manner of driving alone does not settle the question. Instead, jurors may weigh it along with the other evidence.
The Unlawful Act or Neglected Duty
The second required act is what separates California DUI injury charges from an ordinary DUI. Often it is a traffic violation, such as speeding, running a red light or making an unsafe lane change. In that case, the court instructs jurors on the elements of the alleged violation.
A neglected duty can also satisfy this element. Section 23153(c) says the prosecution does not need to prove that any specific section of the Vehicle Code was violated. Likewise, the jury instruction allows the People to rely on the general duty to use ordinary care and keep proper control of the vehicle. Ordinary care means using reasonable care to prevent reasonably foreseeable harm to someone else.
Because of this element, the details of the driving often draw close attention. The article on DUI crash fault explains how fault for a collision differs from impairment.
Proving the Act Caused the Injury
Causation is a separate element with its own definition. According to the instruction, an act causes bodily injury when the injury is the direct, natural and probable consequence of the act. In addition, the injury must be one that would not have happened without the act. A natural and probable consequence is one a reasonable person would know is likely to happen if nothing unusual intervenes.
Crashes often have more than one cause. In that situation, the act must be a substantial factor in causing the injury. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only cause. So another driver’s error does not by itself rule out causation, as long as the defendant’s act was also a substantial factor.
Impairment alone is not the act that must cause the injury. The statute ties causation to the unlawful act or neglected duty. For that reason, evidence about timing, speed, sight lines and vehicle positions can bear directly on this element.
The Three Hour Presumption in 0.08 Cases
Subdivision (b) includes a rebuttable presumption. If a chemical test within three hours after driving shows 0.08 percent or more, the law presumes the driver had at least that level while driving. Because the presumption is rebuttable, the defense may offer evidence against it. Subdivisions (d) and (e) follow the same approach at 0.04 percent.
For drug cases under subdivision (f), no numeric level applies. Instead, the prosecution must prove actual impairment. The article on rising blood alcohol explains why the level at the time of driving and the level at the time of testing can differ.
Chemical Testing After an Injury Crash
Implied consent covers injury cases too. Under Vehicle Code section 23612, a driver lawfully arrested for a section 23153 offense is deemed to have consented to a blood or breath test for alcohol. For suspected drug use, consent covers a blood test. Refusing a test can lead to a license suspension or revocation of one, two or three years.
Injury crashes sometimes send the driver to a hospital first. Section 23612 addresses that situation. If a particular test is not feasible at the medical facility, the driver may choose among the tests available there. The articles on hospital blood tests and blood draw warrants cover related questions.
Felony or Misdemeanor Under Section 23554
A first conviction for California DUI injury charges carries a wide range. Vehicle Code section 23554 allows state prison or county jail for 90 days to one year. It also sets a fine of $390 to $1,000. Since the statute allows either prison or jail, the case can proceed as a felony or a misdemeanor.
Penal Code section 17(b) explains when such an offense becomes a misdemeanor for all purposes. For example, that happens after a judgment imposing a punishment other than state prison. It also happens when the court declares the offense a misdemeanor while granting probation. The prosecutor can file it as a misdemeanor as well. The article on California felony DUI cases covers the broader felony picture.
Probation Terms for a First Offense
If the court grants probation on a first offense, Vehicle Code section 23556 sets the floor. It requires at least five days in county jail, up to one year. It also requires a fine of $390 to $1,000. The person must complete a licensed DUI program of at least three months when the blood alcohol level was under 0.20 percent. On the other hand, a level of 0.20 percent or more, or a refusal, calls for a program of at least nine months.
Vehicle Code section 23600 adds standard terms for DUI probation. Probation generally lasts three to five years. During that time, the person may not drive with any measurable alcohol in the blood. The person also may not refuse a chemical test after a later DUI arrest. Finally, the court cannot waive the minimum jail time or fine. The article on California DUI probation covers violations and other conditions.
How Prior Convictions Change California DUI Injury Charges
Priors within 10 years shift the case to a different sentencing statute. Under Vehicle Code section 23560, one prior DUI, wet reckless or DUI injury conviction raises the jail range to 120 days to one year. State prison remains possible, and the fine range becomes $390 to $5,000.
Two or more priors lead to Vehicle Code section 23566. That section calls for state prison for two, three or four years and a fine of $1,015 to $5,000. It also designates the person a habitual traffic offender for three years. With four or more priors and great bodily injury, the court adds three more years. The articles on the California DUI lookback period and prior felony DUI cases explain how earlier dates count.
Great Bodily Injury Allegations in California DUI Injury Charges
Serious injuries can add a separate allegation. Penal Code section 12022.7 adds a consecutive three year state prison term when a person personally inflicts great bodily injury during a felony. The term rises to five years when the victim becomes comatose from brain injury or suffers permanent paralysis. It is also five years when the victim is 70 or older. When the victim is under five, the term is four, five or six years.
The statute defines great bodily injury as a significant or substantial physical injury. Similarly, CALCRIM No. 3160 tells jurors it is an injury greater than minor or moderate harm. Because the enhancement applies only to felonies, it comes into play only when the case proceeds as a felony.
A finding under section 12022.7 can also carry lasting effects. Penal Code section 1192.7(c)(8) lists any felony in which the defendant personally inflicts great bodily injury as a serious felony. In addition, Penal Code section 667.5(c)(8) lists such a felony, when charged and proved under section 12022.7, as a violent felony. Section 667.5(a), for example, adds three years for certain prior violent felony prison terms when a new offense is also a violent felony.
More Than One Injured Person
When a single incident injures several people, another statute can apply. Vehicle Code section 23558 adds one year in state prison for each additional injured victim, up to three years. Each added enhancement must be pleaded and proved. Even so, the court may strike it in the interest of justice. The article on DUI multiple victims cases covers the details.
License Consequences of California DUI Injury Charges
A conviction also brings a long license action. For a first offense under section 23554, Vehicle Code section 13352(a)(2) sets a one year suspension. Reinstatement requires proof of financial responsibility and completion of a licensed DUI program.
The same paragraph allows an application for a restricted license with an ignition interlock device. However, that option is unavailable when the conviction rested only on drug use. With one prior under section 23560, section 13352(a)(4) sets a three year revocation. Two or more priors under section 23566 bring a five year revocation under (a)(6). The article on California DUI IID requirements explains the interlock rules.
Separately, the DMV may act soon after the arrest, apart from the court case. The articles on the California APS suspension and the California DUI restricted license explain those steps.
Restitution and Civil Claims
Injury cases can also involve money owed to the injured person. A criminal court can order victim restitution, and the injured person may also bring a civil lawsuit. Those are separate tracks with different rules. The articles on DUI victim restitution and DUI civil and criminal cases explain how each one works.
When an Injury Becomes a Death
Sometimes an injured person later dies. In that event, different charges can apply, including vehicular manslaughter and, in some cases, second degree murder. Those charges have their own elements and penalties. The articles on DUI vehicular manslaughter and Watson murder allegations cover them.
An Invented Example
Consider a case invented for illustration only. A 34 year old driver with no prior record runs a red light at night and strikes a car crossing the intersection. The other driver goes to the hospital with a broken wrist. A breath test taken about an hour after the crash shows 0.10 percent.
In that scenario, the driver could be charged under section 23153(a) and (b). The red light would be the alleged unlawful act. Meanwhile, medical records would show the injury, and crash evidence would address causation. Whether the fracture counts as great bodily injury would be a question of fact. The example shows only which rules apply, not how a court would rule.
Frequently Asked Questions About California DUI Injury Charges
Does the Injury Have to Be Serious?
No. Section 23153 requires only bodily injury to a person other than the driver. Great bodily injury affects the separate enhancement under Penal Code section 12022.7, not the base charge.
Can an Injured Passenger in the Driver’s Own Car Count?
Yes. The statute covers bodily injury to any person other than the driver. That wording does not exclude passengers in the driver’s own vehicle.
What if Only the Driver Is Hurt?
Then section 23153 does not apply by its terms. Any case would instead proceed as a standard DUI under section 23152.
Can a Felony DUI Injury Conviction Affect a Later DUI?
Yes. Under Vehicle Code section 23550.5, a new DUI within 10 years of a felony section 23153 conviction can itself be punished as a felony. A misdemeanor section 23153 conviction also counts as a prior under Vehicle Code section 23540.
The information here is general information about California DUI law, not legal advice. Laws change, and each situation depends on its own facts.