Facing a charge under Vehicle Code 23153 is a life-altering event that requires immediate and strategic legal action. If you or a loved one is accused of a DUI causing injury, understanding the complexities of California law is the first step toward protecting your future. At Grace Legal Group, we believe that everyone deserves a second chance, and we are here to provide the expert defense you need.
Understanding the Severity of VC 23153 in California
In California, Vehicle Code 23153 is often referred to as “DUI Causing Injury.” Unlike a standard DUI (VC 23152), which is typically a misdemeanor, VC 23153 is a much more serious offense because it involves physical harm to another person.
Defining the “Wobbler” Status
A “wobbler” is a crime that the prosecutor can charge as either a misdemeanor or a felony. Whether your case is filed as a felony depends on the specific facts, such as:
- The extent of the victim’s injuries.
- Your past criminal or driving record.
- Whether there were other aggravating factors, like a high blood alcohol concentration (BAC).
The Legal Threshold
A standard DUI only requires proof that you were driving under the influence. However, to be convicted under VC 23153, the state must prove that your impairment led to an actual injury. Even a minor injury, like a bruise or a strain, can technically trigger this charge.
VC 23153(a) vs. VC 23153(b)
The law is split into two main sections:
- 23153(a): Focuses on subjective impairment. You were “under the influence” to the point that you could no longer drive with the caution of a sober person.
- 23153(b): Focuses on the “Per Se” rule. You were driving with a BAC of 0.08% or higher, regardless of how “sober” you felt.
The Four Elements the Prosecutor Must Prove
To win a conviction, the prosecutor must prove four specific things, known as “elements of the crime.” If the defense can cast doubt on even one of these, the charges may be reduced or dismissed.
Driving: You were actually operating the vehicle.
Influence: You were impaired by alcohol, drugs (including prescription meds), or both.
Illegal Act or Neglect: While driving, you broke a traffic law (like speeding or running a red light) or acted in a way that was negligent.
Causation of Injury: Your illegal act or neglect was the direct cause of another person’s bodily injury.
Felony Penalties and Long-Term Consequences
The consequences of a felony DUI conviction extend far beyond the courtroom. They can impact your ability to work, travel, and even vote.
Prison Sentences
If convicted of a felony under VC 23153, you face a “base” prison term of 16 months, two years, or three years in California State Prison. This does not include additional time for “enhancements” (discussed below).
California’s Three Strikes Law
A felony DUI causing injury can be considered a “strike” under California’s Three Strikes Law if it results in “Great Bodily Injury” (GBI). Having a strike on your record means that any future felony conviction could result in a doubled sentence. A third strike can lead to a sentence of 25 years to life.
Mandatory Restitution
Restitution is money you are ordered to pay the victim to cover their losses. This includes medical bills, lost wages, and property damage. Unlike a civil lawsuit, restitution is a criminal penalty. If you cannot pay, the court can garnish your wages or seize assets.
License Revocation
A felony conviction leads to a mandatory four-year revocation of your driver’s license by the DMV. Additionally, the DMV may designate you as a “Habitual Traffic Offender” (HTO), which adds further penalties if you are caught driving during your revocation period.
Sentence Enhancements: Factors That Multiply Your Prison Time
In many cases, the “base” sentence is just the beginning. Prosecutors often add “enhancements” that significantly increase prison time.
- Great Bodily Injury (GBI) – PC 12022.7: If the victim suffered a “significant or substantial” injury (like a broken bone or paralysis), you could face an additional 3 to 6 years in prison.
- Multiple Victims – VC 23558: If more than one person was injured, you can receive an additional year for each extra victim (up to 3 years total).
- High BAC: If your BAC was 0.15% or higher, the court is likely to impose harsher terms and longer mandatory alcohol education programs.
Proven Legal Defenses Against VC 23153
At Grace Legal Group, our legal team, including former law enforcement investigators, looks for every possible weakness in the prosecution’s case.
Challenging “Proximate Cause”
Just because an accident happened doesn’t mean you caused it. We investigate whether the other driver was speeding, if the road was poorly lit, or if a mechanical failure occurred. If the injury wasn’t your fault, the VC 23153 charge cannot stand.
The “No Illegal Act” Defense
You can be DUI and get into an accident without it being a felony. If you were driving perfectly and someone else hit you, you are guilty of a standard DUI, but not a DUI causing injury. We fight to show that you didn’t commit an illegal act or neglect a duty.
Inaccurate Chemical Testing
Breathalyzers and blood tests are not perfect. We check for “Title 17” violations—California’s rules for how tests must be handled. If the machine wasn’t calibrated or the blood sample was fermented, the results may be thrown out.
The “Rising Blood Alcohol” Theory
Alcohol takes time to absorb into your system. It is possible you were below the limit while driving, but by the time you were tested at the police station, your BAC had “risen” to over 0.08%.
Pre-Trial Strategy: Reducing a Felony to a Misdemeanor
Our goal is often to prevent a felony conviction altogether. We use several strategies to achieve this:
- Mitigation Packets: As our managing attorney Zino O. Osehobo explains, “Human beings are much more than what the prosecution may accuse them of.” We create a packet showing your character, community involvement, and commitment to rehabilitation to convince the prosecutor to show leniency.
- Negotiating the “Wobbler”: We present evidence early on to show that the injuries were minor or that your culpability was low, pushing the DA to file the case as a misdemeanor instead of a felony.
- Serna Motions: If the government took too long to bring charges against you, we can file a motion to dismiss the case based on a violation of your right to a speedy trial.
The Intersection of Criminal and Civil Law
A VC 23153 case usually happens alongside a civil personal injury claim.
- Civil Liability: Even if you beat the criminal charges, the victim can still sue you for damages in civil court.
- The “No Contest” Plea: Choosing to plead “No Contest” (nolo contendere) instead of “Guilty” can be a strategic move. In many cases, a “No Contest” plea cannot be used against you as an admission of fault in a later civil lawsuit.
FAQ: People Also Ask
Does the injury have to be “severe” to be charged as a felony?
No. While severe injuries (Great Bodily Injury) lead to longer prison terms, even a minor injury like a sprained wrist can be enough for a prosecutor to file felony charges under VC 23153.
Can I get a restricted license if I’m convicted of a felony DUI?
It is much harder with a felony. Most felony DUI convictions result in a multi-year revocation. However, in some cases, installing an Ignition Interlock Device (IID) may allow for limited driving privileges later on.
How long does a felony DUI stay on my California record?
A DUI conviction is “priorable” for 10 years, meaning it stays on your driving record and counts against you if you get another DUI. However, a felony conviction stays on your criminal record permanently unless it is later expunged or reduced.
What is the difference between VC 23152 and VC 23153?
VC 23152 is a standard DUI with no injuries. VC 23153 is a DUI where someone other than the driver was injured. The penalties for VC 23153 are much more severe.
Can Grace Legal Group help if I already have a “Strike”?
Yes. We have successfully helped clients who were facing years of prison time due to prior strikes. We fight to have strikes “stricken” for sentencing purposes through a Romero Motion.
Trust Grace Legal Group with Your Defense
A charge of Vehicle Code 23153 is a heavyweight legal battle, but you do not have to fight it alone. At Grace Legal Group, we provide faith-based representation and a team-oriented approach to every case. We don’t just see a case number; we see a person who deserves a second chance.
Our investigative team of former law enforcement officers will examine every detail of your arrest to hold the police and prosecutors accountable. With our flexible payment plans and 100% free consultation, there is no reason to wait.
Contact Grace Legal Group today or visit us at our Los Angeles offices. Your second chance awaits.