Vehicle Code 23153 is DUI causing injury: driving under the influence and, in doing so, committing a traffic violation or neglecting a driving duty that causes bodily injury to another person.
It is a wobbler with far greater exposure than a standard DUI (VC 23152), and diversion is not available.
What VC 23153 Says
VC 23153(a) requires three things beyond intoxication: that you were under the influence; that you committed a separate act forbidden by law or neglected a driving duty (a traffic violation, such as speeding or an unsafe lane change); and that this proximately caused bodily injury to another person. The extra traffic violation and the causation are what separate 23153 from a standard DUI.
Wobbler and Exposure
VC 23153 is a wobbler — it can be charged as a misdemeanor or a felony — and the exposure is far greater than a standard DUI, including the possibility of state prison, great-bodily-injury enhancements, and a strike in serious-injury cases. Because it is a DUI, standard diversion is barred under Vehicle Code 23640; military diversion remains a narrow exception for eligible service members.
Defenses
- No separate traffic violation. The statute requires an act forbidden by law in addition to driving under the influence.
- You did not cause the injury. Causation is often the weakest link — another driver, a road condition, or an intervening cause.
- Challenge the intoxication — the stop, the field tests, and the chemical test can all be attacked, just as in a standard DUI.
- The 10-day DMV deadline still applies. See our what to do after a DUI arrest guide.
Frequently Asked Questions
Is DUI causing injury a felony in California?
VC 23153 is a wobbler — it can be charged as a misdemeanor or a felony. The exposure is far greater than a standard DUI, and serious-injury cases can carry great-bodily-injury enhancements and a strike.
What is the difference between VC 23152 and VC 23153?
VC 23152 is a standard DUI. VC 23153 is DUI causing injury — it additionally requires that you committed a separate traffic violation or neglected a driving duty, and that this proximately caused bodily injury to another person.
Is diversion available for DUI causing injury?
No. Because VC 23153 is a DUI, standard diversion is barred by Vehicle Code 23640, just as with a regular DUI. Military diversion under PC 1001.80 remains a narrow exception for eligible active-duty service members and veterans.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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A DUI-injury case is a standard DUI plus causation — and causation is often contestable. Tell me what happened and I'll tell you where it's soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com