Vehicle Code 23153 in California pertains to driving under the influence (DUI) offenses that result in injury.
- Definition:Vehicle Code 23153 addresses DUI offenses involving the impairment of a driver’s ability to operate a vehicle due to alcohol or drugs, resulting in injury to another person.
- Two Types of DUI Causing Injury:
- Subsection (a):This subsection pertains to DUI causing injury when the defendant commits an unlawful act or neglects to perform a legal duty while driving under the influence, resulting in bodily injury to someone other than the driver.
- Subsection (b):This subsection applies when a person, while under the influence, operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or more, and causes bodily injury to another person.
- Elements of the Offense:
- The defendant was driving under the influence of alcohol or drugs.
- The impaired driving resulted in injury to another person.
- Penalties:
- DUI causing injury is a wobbler offense, meaning it can be charged as a misdemeanor or felony.
- Penalties may include imprisonment, fines, probation, mandatory DUI education programs, and restitution to the injured party.
- The severity of penalties depends on factors such as the degree of injury, the defendant’s criminal history, and other circumstances.
- Enhancements:
- Additional penalties may apply if the defendant has prior DUI convictions or if the injuries are severe.
- The offense may be subject to “great bodily injury” enhancements, which can result in increased prison sentences.
- Driver’s License Consequences:
- A conviction can lead to the suspension or revocation of the defendant’s driver’s license.
