There are a few different violations of the California Vehicle Code that address DUI causing Injury or driving under the influence causing injury. These violations are similar but have a few main differences in what the prosecution must prove beyond a reasonable doubt. We will discuss each in detail below. These violations are, driving under the influence of alcohol, VC 23153(a); driving with a BAC of .08 or higher, VC 23153(b); driving under the influence of a drug, VC 23153(f); and driving under the influence of a combination of drugs and alcohol, VC 23153(g).
Driving Under the Influence of Alcohol: DUI Causing Injury – VC 23153(a)
Vehicle Code 23153(a) states “It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”
For a jury to convict you of a DUI causing injury under Vehicle Code Section 23153(a), the prosecutor must prove beyond a reasonable doubt that:
- You drove a vehicle;
- When you drove, your were under the influence of alcohol;
- When you were driving under the influence, you committed an illegal act or neglected to perform a legal duty; AND
- Your illegal act (or failure to perform a legal duty) caused bodily injury to another.
Driving with a BAC of .08 or higher: DUI Causing Injury – VC 23153(b)
Vehicle Code 23153(b) states “It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”
Here, the prosecutor must prove beyond a reasonable doubt that:
- You drove a vehicle;
- When you drove, your blood alcohol content (BAC) was .08 percent or more by weight;
- When you were driving with that BAC, you committed an illegal act or neglected to perform a legal duty; AND
- Your illegal act (or failure to perform a legal duty) caused bodily injury to another.
Driving Under the Influence of a Drug: DUI Causing Injury – VC 23153(f)
Vehicle Code 23153(f) states, “It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”
You are guilty of a violation of VC 23153(f), if the prosecution proves each of the following:
- You drove a vehicle;
- When you drove, you were under the influence of a drug;
- When you were driving, you committed an illegal act or neglected to perform a legal duty; AND
- Your illegal act (or failure to perform a legal duty) caused bodily injury to another.
Under the Influence of a Combination of Drugs and Alcohol: DUI Causing Injury – Vehicle Code 23153(g)
Vehicle Code 23153(g) states, “It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”
Here the prosecution must prove each of the following elements beyond a reasonable doubt:
- You drove a vehicle.
- When you drove, you were under the influence of a combination of drugs and alcohol.
- When you were driving, you committed an illegal act or neglected to perform a legal duty.
- Your illegal act (or failure to perform a legal duty) caused bodily injury to another.
Were You Driving?
Every DUI charge requires proof that you were driving. In a DUI with injury case, officers typically responded to a traffic collision. This is different than a standard DUI where an officer stops you going through a check point or pulls you over. This means the officers may not have personally witnessed your driving. However, that does not mean the prosecution cannot prove you were the one driving the vehicle.
They can present evidence that you had the keys in your possession, the seatbelt was adjusted to your height, and seatbelt marks on your body that match the direction of the seatbelt on the driver’s side. They can have witnesses testify, who may have seen you behind the steering wheel, or exit the driver side. The officers will also attempt to get a statement from you. The prosecution will use statements you made to the officers against you. For example, the officers could testify that you told them you were driving home when the collision occurred. They could testify to that in court.
Were You Under the Influence?
Whether you are charges with a violation of Vehicle Code 23153(a), Vehicle Code 23153(f), or VC 23153(g), the prosecution only needs to prove that you were driving under the influence. They do not need to show that your BAC was .08 or higher. You can still be guilty of a DUI without a chemical test performed, or with blood test results under .08 percent.
There are a number of factors a prosecutor will present as evidence that you were under the influence, whether of alcohol, drugs, or both. This can include your performance on field sobriety tests, your driving pattern, symptoms of intoxication observed by officers or witnesses. It can also include your blood test results that show you have alcohol, drugs or both in your system.
Or Was Your BAC .08 or Higher When You Drove?
Like Vehicle Code 23152(b), Vehicle Code Section 23153(b), Driving with a BAC of .08 or higher causing Injury, requires the prosecution to prove you BAC was .08 or higher at the time of driving.
The prosecutor does not need to rely on observations and opinions of an officer. It does not matter that you performed the field sobriety tests perfectly, or that you were driving perfectly. Maybe you have a higher tolerance, and you don’t feel the effects of the alcohol when your BAC is .08. You still can be found guilty of a DUI under Vehicle Code 23153(b).
Blood Alcohol Tests
After officers arrest you for DUI with Injury, you will be given an option to take different chemical tests, the breathalyzer or a blood test. The results of these tests will be presented as evidence that your BAC was over the legal limit. There are ways to challenge the accuracy of these tests. For example, typically for the breathalyzer results to be accurate, the officer needs to obtain multiple readings within a certain percentage of each other. Otherwise, these results may be inflated by alcohol still lingering in your mouth.
Time of Driving
The prosecution has to prove that your BAC was .08 or higher at the time of driving. You probably did not have you blood drawn, or your breath tested, while you were driving. That usually happens after law enforcement arrests you. There is a presumption that your BAC is accurate if the test was taken within three hours of driving. If your test is taken outside this window, there is no presumption that this was your BAC at the time of driving. However, prosecutors can present additional evidence, such as the opinions of an expert to show what your BAC was at the time of driving.
Did You Commit an Illegal Act or Neglect to perform a Legal Duty?
Illegal Act
To prove you committed an illegal act, the prosecution can present evidence that you broke another law while you were driving. The prosecution will have to prove the elements of any additional crime they allege you committed while driving. These illegal acts include, but are not limited to, violations for failing to stop at a stop sign, speeding, running a red light, or an illegal turn. They can present evidence of this additional violation through witness statements and as well as any statements you make.
Neglect to Perform a Legal Duty
The prosecution may argue that you failed to perform a legal duty while you were driving. Generally, a driver has a duty to exercise ordinary care, and to maintain control of the vehicle. Here, the prosecutor does not need to prove a violation of a particular law. Instead, they would argue that you were not driving with the same level of care as a sober driver. For example, perhaps you were driving the speed limit, but because of weather conditions, a driver exercising ordinary care would have been driving slower than the speed limit.
Did Your Illegal Act (or Failure to Perform a Legal Duty) Cause Injury?
To prove that your illegal act or failure to perform a legal duty caused bodily injury, the prosecution must show that the injury is the direct, natural and probable result of the illegal action, or failed legal duty. For example, when you illegally drive through a red light, there is probable result that you will hit someone causing injury; it is a direct and natural result. If you had stopped at the red light, that collision would have been avoided.
Penalties for DUI Causing Injury
A DUI Causing Injury is a wobbler, meaning the prosecution can file it as either a misdemeanor or a felony. The prosecutor will decide whether to file as a misdemeanor or a felony. They often base their decision on the seriousness of the injury. However, they may consider other factors, like your prior record.
A misdemeanor violation of Vehicle Code 23153 carries at least 5 days up to 1 year in county jail. A felony violation can carry a prison sentence of 16 months, 2 years or 3 years. Other penalties include probation from 3 to 5 years, a fine of up to $1000, a DUI program and a 1-year licenses suspension.
If you have prior convictions for DUI (Vehicle Code 23152), DUI with Injury (Vehicle Code 23153), or Wet Reckless (Vehicle Code 23103.5), these penalties increase.
If a court or jury convicts you of a felony DUI causing Injury, and you caused injury or death to more than one victim, the court will add an additional 1 year in state prison for each additional victim.
