California Vehicle Code 23153: DUI and BAC of .08+ Explained

Legal Definition: A DUI can be found in multiple ways, but most commonly, you can be found guilty of a DUI if you are found to be driving a vehicle under the influence of alcohol or a drug or you are driving a vehicle with a Blood Alcohol Content (BAC) of .08 or higher. In addition to these, you must also have caused an injury to another person based on an illegal act you performed.

For a person to be convicted of a violation of VC 23153(a), the prosecution must prove the following:

1. You drove a vehicle/operated a vessel;
2. When you drover/operated, you were under the influence of an alcoholic beverage/a drug) or were under the combined influence of an alcoholic beverage and a drug.
3. While driving a vehicle/operating a vessel under the influence, you also committed an illegal act/neglected to perform a legal duty; AND
4. Your illegal act/failure to perform a legal duty caused bodily injury to another person.

For a person to be convicted of a violation of VC 23153(b), the prosecution must prove the following:

1. You drove a vehicle/operated a vessel;
2. When you drover/operated, you drove with a BAC of .08 or higher;
3. While driving a vehicle/operating a vessel under the influence, you also committed an illegal act/neglected to perform a legal duty; AND
4. Your illegal act/failure to perform a legal duty caused bodily injury to another person.

California Vehicle Code 23153

What makes this different from a regular DUI offense?

The basic aspects of a DUI are still present in this charge, the only difference is there is an addition of injury to another person and causation. By that, it is clear that you were in an accident and either a passenger in your car or another driver, was hurt in the process of your driving. You cannot be charged with a DUI with injury if you are the only party injured.

In addition to this, you must also have some kind of illegal activity or failure to perform a legal duty which in turn, caused the injury to another person. Although this sounds complicated, it’s not. An illegal act, for example, can be something as simple as speeding, running a stop sign, or changing lanes without using a turn signal. It doesn’t even need to be that blatant as an actual traffic infraction, it can be something as simple as swerving within your lane, without crossing the lines into another lane. That, in addition to being under the influence, would be what is considered an illegal act.

Failing to perform a legal duty is a bit different. That can generally be something like having a child in your car, but forgetting to put their seat belt on, and they got injured in your DUI crash. Another example could be you were going the speed limit, when the conditions were bad, like if it were raining outside. A final example could be you pulling out of a parking lot onto the main road, failing to look both ways, and cutting a car off, which leads that car into a car accident.

Penalties

If convicted of a violation of VC 23153(a)/(b), as a felony, you could be sent to State Prison for upwards of two years, three years, or four years. You would be required to serve 50% of that sentence but could receive a Strike, if alleged, on your record. You would also be subject to the same fines and fees, as well as an 18-month DUI class as you would in a misdemeanor DUI conviction. You would also suffer a Driver’s License suspension of up to five years with a conviction here.

Depending on the severity of the injury, you could also receive a misdemeanor conviction under this section, which would subject you to up to one year in county jail, and no strike since it would be a misdemeanor offense. In addition, if the injuries are that severe, in addition to a felony, you could receive an Enhancement of causing Great Bodily Injury and be subject to an additional three years in State Prison per victim.

Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of your Rights

The same basic DUI offenses apply to this offense as under VC 23152. However, here you have the additional elements of showing that you caused the accident through something you did wrong while driving. This means you have to commit some kind of traffic violation, in addition to driving under the influence, to prove you guilty of this added offense. For example, if you are driving under the influence one evening, and a car runs a run light and hits you, causing severe damage to yourself and to the other driver, you cannot be found guilty under this section. In this scenario, you did not perform an illegal act, the other driver did. Therefore, you can only be found guilty of a DUI, not the more extensive DUI with Injury charge.

Many times police like to simply assume that because you were a DUI driver, you are therefore always the cause of the accident. But that is not enough here, and these cases are almost always fightable because police skip over these crucial elements. If police can only show an accident occurred, and that you were drinking, that would not be enough to convict you of a violation of this section. They must show you committed an illegal act or neglected a legal duty in order to convict you of this charge.

I have dealt with many Ontario DUI, Rancho Cucamonga DUI, and Riverside DUI cases, where we’ve been able to successfully show that either the driver of the vehicle was not at fault for the accident. Either they did not commit an illegal act or did not neglect a duty, or the other driver was at fault. An accident is not intentional, that is why sometimes these happen with no fault on either side. Without being able to prove the “fault” aspect of a DUI with Injury, cases have been reduced down to Misdemeanor violations of a DUI. This is why having the right Ontario DUI attorney matters, and can attack this defense, claiming there is insufficient evidence to prove that you were at fault and rather, that you are guilty of a simple DUI offense.

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Facing a DUI with injury charge under VC 23153 can be an overwhelming experience, especially considering the possibility of significant custody time, and in cases with severe injuries or multiple victims, the potential for a lengthy prison sentence. However, it’s crucial to remember that not all is lost in such situations.

Successfully defending a DUI with injury case often hinges on the ability to challenge specific elements of the charge, such as the illegal act or neglect of a legal duty. In situations where these elements are missing, a Preliminary Hearing (applicable for felonies) provides an opportunity to present evidence to a judge. The goal is to demonstrate that even if you were driving under the influence and an accident occurred, if you were not the cause of the accident, you should not be held guilty of this particular charge.

At Inland Empire Criminal Defense, our DUI with Injury Ontario attorney has a history of successfully defending clients in numerous cases involving VC 23153 and other serious DUI charges. Leveraging our experience and deep understanding of the law, we have been able to convince judges on numerous occasions that the requisite elements for a conviction are not present in a case.

We offer a free initial consultation and are available around the clock to answer your questions and address any concerns. If you are charged with a DUI with injury and need a seasoned attorney who can effectively argue these critical elements, contact Inland Empire Criminal Defense at 909-939-7126. Located in Ontario, CA, we are prepared to provide you with the skilled legal representation and advocacy you need during this challenging time.