Last Updated on July 17, 2025
A DUI with injury charge, filed under California Vehicle Code 23153 (VC), is far more serious than a typical DUI. You could face felony charges that could leave you in prison for years and have a strike added to your record. If you’ve been arrested after a drunk driving accident in Vista or San Diego, DUI defense lawyer Peter M. Liss can help you fight these charges and protect your future.
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DUI with Injury Arrests
When you get in a car accident in San Diego, and the officer on the scene believes you were driving under the influence, he will arrest you on suspicion of DUI, even if you were not at fault. “In many cases, the officer will automatically assume a drunk driver caused an accident,” warns Peter Liss, “even if that is not always true.”
Sadly, many people who drove while intoxicated also assume they are responsible for an accident, even when they aren’t. But making statements to this effect can be used against them in court, even if they were made while in a state of shock. “To avoid harming your defense, never admit guilt to the victim or say anything to the police without an attorney present,” advises Liss.
When a police officer believes someone is guilty of DUI causing a minor injury, they will issue a citation with an appearance date. If the victim’s injuries are more serious, the suspect will be placed under arrest.
“Anyone arrested in North County by the San Diego Sheriff’s Department or a city police department for a DUI resulting in an accident will be taken to the local sheriff or police station or the Vista Jail for processing,” explains Liss. “If the officer believes the accident was the person’s fault, they will be booked into the Vista Jail for felony DUI with injury, with bail set at $100,000, unless they were injured and taken to either Tri-City or Palomar Hospital.”
The Office of Peter Liss is directly across the street from the San Diego Regional Center’s North County Division, which houses the Vista jail. If you cannot afford bail, Mr. Liss may be able to have the bail reduced at the arraignment.
Is DUI Causing Injury a Felony in California?
23153 (VC) is a “wobbler,” meaning it can be filed as a misdemeanor or a felony. Though it can be filed as a felony even if the only injury was minor pain, these incidents are more commonly charged as misdemeanors, especially if the defendant has a clean record and their attorney helps push for lesser charges.
In cases where the defendant has a past DUI conviction or the incident resulted in severe injuries, offenders will most likely be charged with a felony, punishable by time in state prison. Even if you’re facing felony charges, your attorney may be able to negotiate to reduce them to misdemeanors.
What Are the Penalties for DUI Causing Injury?
Under 23153 (VC), misdemeanor convictions for a DUI with injury are punishable by:
- Up to one year in county jail
- A fine of up to $1,000
- Probation lasting between three and five years
- A driver’s license suspension of up to one year
- DUI school
- Restitution payments to the victims
As a felony, the penalties include:
- A prison sentence of up to 3 years
- Up to $1,000 in fines
- DUI school
- A license suspension of up to 1 year
When a DUI accident involving great bodily injury is charged as a felony, the crime is considered a violent felony. Violent felony convictions add a strike to a defendant’s criminal record under California’s three-strikes law. To avoid this consequence, it is imperative that you work with a skilled Vista DUI causing injury defense attorney with experience in cases involving great bodily injury.
When someone dies due to a drunk driving car crash (even days or months after the crash), the charges will be filed under 191.5 (PC), vehicular homicide while intoxicated, punishable by up to ten years in prison. If a driver with a previous DUI caused a deadly accident, they can be charged with second-degree murder, punishable by life imprisonment.
How to Beat 23153 (VC) Charges
To secure a conviction for DUI causing injury, the prosecutor must show the following:
- you drove under the influence of alcohol or drugs
- you caused a car accident after violating a traffic law
- someone was injured in the crash
If they cannot prove all three elements, you cannot be found guilty of this crime. As a result, there are many defenses to these charges, even if the victim suffered great bodily injury. You should be able to beat the charges if your DUI causing injury defense attorney can show:
- you were not driving under the influence
- you did not cause the car accident
- no one other than you was injured
Plea Bargains
In some cases, where the accident caused only minor injuries, it may be possible for your lawyer to negotiate a plea bargain where you face only standard DUI charges rather than those for drunk driving with injury.
Challenging Fault for the Accident
Occasionally, your DUI with injury defense lawyer can also hire their own accident expert to examine the vehicle involved and all the evidence. “An accident investigator could review the situation and work as an expert witness on your behalf,” says Liss. Alternatively, a witness to the incident could testify that the other driver was responsible. If you had one running at the time of the accident, a dashboard camera may also prove your innocence by showing exactly what happened during the crash.
People facing charges under 23153 (VC) are often accused of hit and run because they flee the scene without exchanging insurance information. This charge can be filed even if the accident was not your fault. “In my experience, if someone facing DUI with injury charges is also accused of fleeing the scene, they will be more likely to face felony charges,” says Liss. Leaving the scene to get medical assistance is a strong defense to these charges, as long as you told a police officer, 9-11 operator, or hospital employee the details about the accident.
Frequently Asked Questions
Will I go to Jail for DUI with Injury in California?
Yes, those convicted of 23153 (VC) will be sentenced to a minimum of 5 days in jail. “After that, most misdemeanor and low-level felony offenders in San Diego County are sentenced to house arrest,” says attorney Liss. However, those sentenced for more serious felony offenses may be sentenced to spend time in prison.
Will You Face Additional DUI Penalties for Getting into an Accident While Drunk?
No. Just getting in an accident while driving under the influence does not mean you will face additional charges. If no one other than you got injured, you will usually face standard misdemeanor DUI charges. On the other hand, if someone else was injured even slightly, you will face additional criminal charges with more severe penalties.
Charged with DUI Causing Injury in San Diego, California?
Facing DUI with injury charges in San Diego or Vista? Don’t wait. Call defense lawyer Peter M. Liss at (760) 643-4050 for a free consultation and start building your defense today.
