Felony Exposure, Negligence Per Se, and Injury Liability
Driving under the influence is always dangerous. But when DUI results in injury to another person, California law treats the conduct far more seriously — both criminally and civilly.
California Vehicle Code § 23153 governs DUI cases where a driver, while intoxicated, causes bodily injury to someone else. These cases often involve felony charges, long-term license consequences, and powerful civil liability exposure.
At WIN Injury & Accident Trial Lawyers, DUI-causing-injury cases are among the most aggressively litigated matters we handle — because the injuries are severe and the legal leverage is significant.
What Is VC § 23153 – DUI Causing Injury?
Vehicle Code § 23153 applies when a driver:
- Drives under the influence of alcohol and/or drugs, and
- Commits an additional violation of law or negligent act, and
- That conduct causes bodily injury to another person
The statute covers DUI involving:
- Alcohol
- Drugs
- Prescription medications
- Combined alcohol and drugs
Importantly, any bodily injury — not just catastrophic harm — can trigger this statute.
Is DUI Causing Injury a Felony in California?
VC § 23153 is a “wobbler” offense, meaning it can be charged as either:
- A misdemeanor, or
- A felony, depending on factors such as:
- Severity of injuries
- Prior DUI convictions
- BAC level
- Speed or reckless conduct
- Presence of children or passengers
Felony DUI causing injury carries life-altering consequences.
Criminal Penalties Under VC § 23153
Potential penalties include:
- State prison or county jail time
- Substantial fines and assessments
- Multi-year driver’s license suspension
- Mandatory DUI programs
- Probation or parole
- Felony strike exposure in extreme cases
However, criminal penalties are only one side of the equation.
Civil Liability After a DUI Injury Crash
From an injury victim’s perspective, VC § 23153 dramatically strengthens a civil case.
When a driver causes injuries while DUI:
- Liability is often clear
- Insurance defenses are limited
- Settlement pressure increases
- Trial exposure is high
These cases are not treated like routine car accidents.
Negligence Per Se and VC § 23153
California recognizes negligence per se when a defendant violates a safety statute designed to protect the public.
VC § 23153 exists specifically to prevent injuries caused by intoxicated driving. When a driver violates this statute and causes harm, the violation itself may establish negligence in a civil lawsuit.
This means the injured person may not need to separately prove the driver acted unreasonably — the statutory violation can satisfy that element.
Punitive Damages in DUI Injury Cases
DUI causing injury frequently raises the issue of punitive damages.
Because driving under the influence demonstrates a conscious disregard for the safety of others, courts may allow punitive damages where the conduct is especially dangerous.
Punitive damages are designed to:
- Punish egregious behavior
- Deter similar conduct
- Increase overall case value
Common Injuries in DUI Causing Injury Cases
DUI-related injury crashes often result in:
- Traumatic brain injuries (TBI)
- Neck and spine injuries
- Shoulder and arm fractures
- Internal injuries
- Fatal injuries in severe freeway crashes
Medical care, lost income, and long-term impairment are common.
Do You Need a Criminal Conviction to File a Lawsuit?
No.
A civil injury case does not depend on a criminal conviction.
Civil cases use a lower burden of proof, and liability can be established even if criminal charges are reduced, dismissed, or still pending.
What to Do If You Were Injured by a Drunk Driver
If you were injured in a DUI crash:
- Call 911 and ensure DUI testing is documented
- Seek immediate medical treatment
- Preserve police reports and witness information
- Avoid speaking to insurers without counsel
- Contact a trial-focused injury lawyer immediately
Early action preserves evidence and strengthens leverage.
Why DUI Injury Cases Require Trial Lawyers
Insurance companies understand that juries strongly punish DUI conduct. As a result, these cases are defended aggressively.
At WIN Trial Lawyers, we:
- Preserve DUI evidence early
- Work with toxicology and reconstruction experts
- Prepare every case for trial from day one
That trial readiness drives real results.
Speak With a California DUI Injury Lawyer
If you or a loved one was injured by a drunk driver, you may be entitled to significant compensation beyond initial insurance offers.
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📍 Serving Los Angeles and throughout California
⚖️ No fee unless we win.
Get Help From WIN Injury & Accident Trial Lawyers
Why Legal Representation Matters
Insurance companies often undervalue pain and suffering—offering minimal settlements that ignore your daily struggles. A skilled attorney can:
- Present powerful evidence of your emotional and physical suffering
- Retain expert witnesses to quantify your losses
- Use verdict data to justify higher multipliers or per diem rates
- Argue your case persuasively before a jury
At WIN Trial Lawyers, our team fights to ensure that your recovery reflects the full extent of your suffering—not just your bills.
At WIN Trial Lawyers, we know how personal injury claims can be can be. Victims often face mounting medical bills, lost wages, and emotional trauma. Our team has successfully taken on insurance companies and third parties, recovering millions for injured clients.
If you or a loved one has been injured in an accident, don’t leave your future in the hands of the insurance company. You need experienced trial lawyers who know how to prove liability and fight for maximum compensation.
If you or a loved one has been injured, don’t face this alone. The sooner you act, the stronger your case will be.
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DUI Causing Injury (VC § 23153) – Frequently Asked Questions
What is VC § 23153 in California?
VC § 23153 is the California law that applies when a driver drives under the influence of alcohol or drugs and causes bodily injury to another person. It is more serious than a standard DUI because injuries are involved.
Is DUI causing injury a felony in California?
VC § 23153 is a wobbler, meaning it can be charged as either a misdemeanor or a felony. Prosecutors consider factors such as injury severity, prior DUIs, BAC level, speed, and reckless conduct when deciding how to charge the case.
What qualifies as “injury” under VC § 23153?
Any bodily injury can qualify, including:
- Cuts or bruises
- Whiplash
- Broken bones
- Internal injuries
- Traumatic brain injuries
The injury does not need to be catastrophic to trigger VC § 23153.
Does DUI causing injury require proof of intoxication?
Yes. The prosecution must show the driver was under the influence of alcohol and/or drugs. This can be proven through BAC testing, officer observations, witness statements, or toxicology evidence.
What criminal penalties apply under VC § 23153?
Penalties may include:
- Jail or state prison time
- Significant fines and assessments
- Multi-year driver’s license suspension
- Mandatory DUI programs
- Probation or parole
Felony convictions carry long-term consequences beyond incarceration.
Can someone be charged under VC § 23153 without a high BAC?
Yes. A driver can violate VC § 23153 even without an extremely high BAC if alcohol or drugs impaired their driving and contributed to the crash.
How does VC § 23153 affect a personal injury lawsuit?
VC § 23153 dramatically strengthens an injury claim by establishing that the driver was intoxicated and caused harm. These cases often involve clear liability and increased settlement value.
Does DUI causing injury qualify as negligence per se?
In many cases, yes. A violation of VC § 23153 may support negligence per se, meaning the statutory violation itself can establish negligence in a civil lawsuit.
What is negligence per se?
Negligence per se allows a plaintiff to rely on the violation of a safety statute — rather than proving ordinary negligence — when the statute was designed to prevent the type of harm that occurred.
Do I need a criminal conviction to file a civil injury claim?
No. A civil lawsuit does not depend on a criminal conviction. Civil cases have a lower burden of proof and can proceed even if criminal charges are reduced or dismissed.
Can DUI causing injury lead to punitive damages?
Yes. Because DUI involves conscious disregard for the safety of others, courts may allow punitive damages in serious cases, especially where the conduct was extreme.
What types of injuries are common in DUI injury cases?
Common injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Permanent disability
- Fatal injuries
These cases often involve long-term medical care and lost earning capacity.
Can passengers injured in a DUI crash sue the driver?
Yes. Passengers injured by a drunk driver — even if they knew the driver had been drinking — may still pursue compensation, though comparative fault issues can arise.
What evidence is used in DUI causing injury cases?
Common evidence includes:
- Police and DUI reports
- Breath or blood test results
- Body-cam or dashcam footage
- Witness statements
- Accident reconstruction analysis
Alcohol-related evidence often plays a central role.
How do insurance companies handle DUI injury claims?
Insurers defend these cases aggressively because jury exposure is high. They may attempt to minimize injuries, dispute causation, or limit coverage — which is why trial readiness matters.
Does insurance still apply if the driver was drunk?
Insurance coverage often applies, but insurers may scrutinize DUI cases closely and attempt to limit payouts. Coverage disputes are common in serious injury cases.
How long do I have to file a lawsuit after a DUI injury crash?
In most California personal injury cases, the statute of limitations is two years from the date of the accident. Shorter deadlines may apply if a government entity is involved.
What should I do after being injured by a drunk driver?
You should:
- Call 911 and ensure DUI testing is documented
- Seek immediate medical treatment
- Preserve police reports and witness information
- Avoid giving recorded statements to insurers
- Contact a trial-focused injury lawyer promptly
Why are DUI causing injury cases more complex?
These cases involve overlapping criminal, administrative, and civil issues, along with heightened damages exposure and potential punitive damages.
Should I hire a lawyer for a DUI causing injury case?
Yes. DUI injury cases carry higher stakes, aggressive defenses, and significant compensation potential. Early legal representation preserves evidence and maximizes recovery.
