Does a “minor” injury still trigger VC §23153?

Yes. Any bodily injury to another can satisfy §23153; injury level influences filing (misdemeanor vs felony) and enhancements.

How California handles DUIs with injury or property damage

Q: How fast do I need to act with DMV?

You generally have 10 days to request an APS hearing after notice, per DMV’s DUI guidance.

September 21, 2025 by Vincent Tucci

By Vincent John Tucci | Managing Partner & DUI Defense Attorney

TL;DR

Injury cases: California treats “DUI causing injury” under Vehicle Code §23153. It’s a wobbler (misdemeanor or felony). Penalties for a first conviction include custody, fines, DUI program, and license consequences; court must also consider the sentencing provisions in VC §23554 and related sections.
Penalty range & enhancements: For §23153, statute-based ranges include jail or prison, fines ($390–$1,000 for first injury conviction), DUI program, and license suspension; additional injured victims can add +1 year each (up to 3) on a felony via VC §23558. Separate great bodily injury enhancements may apply in qualifying felony cases under Penal Code §12022.7.
Property-damage-only cases: Usually charged as standard DUI under VC §23152 with restitution for losses; felony filing typically requires injury or other qualifying factors. Leaving the scene with damage only is a separate misdemeanor under VC §20002.
DMV is separate: Admin Per Se (APS) license actions run independently of the court case. You generally have 10 days to request a DMV hearing. See DMV DUI (APS) overview.

What “DUI causing injury” means under VC §23153

VC §23153 applies when a person drives under the influence and, by an additional act or neglect, causes bodily injury to another. Prosecutors may file it as a misdemeanor or felony depending on the facts and record. It is distinct from VC §23152 (non-injury DUI), which does not require proof of bodily harm.

Penalties and enhancements in injury cases

For a first §23153 conviction, the court looks to VC §23554 (custody—state prison or county jail 90 days to 1 year—and a fine of $390–$1,000), plus DUI program and license consequences referenced in the section. If the court grants probation, VC §23556 requires at least 5 days in jail and completion of an approved DUI education/treatment program, with program length keyed to BAC and refusal factors.

Where multiple victims suffer bodily injury or death, a felony conviction can carry one additional year in prison for each additional injured victim (maximum 3) under VC §23558. In qualifying felony cases with great bodily injury, the court may also apply PC §12022.7 enhancements (consecutive years), subject to statutory limits and pleading/proof requirements.

How California treats DUIs with property damage only

If nobody is injured, the case is usually filed under VC §23152 (misdemeanor). Courts can order restitution to victims as part of sentencing under Penal Code §1202.4. If a driver leaves the scene after causing damage, that is charged separately as misdemeanor hit-and-run under VC §20002. Property damage by itself, without qualifying factors, does not convert a DUI into a felony.

DMV (APS) consequences run on a separate track

Regardless of injury or property damage, the DMV can impose an Administrative Per Se (APS) suspension or revocation that is independent of the criminal court’s sentence. You generally have 10 days from notice to request a hearing. See the DMV’s APS explanation here: DMV DUI page.

Defense focus: causation, testing, and procedure

Causation: Was the injury proximately caused by the defendant’s act/neglect, or by an independent event? §23153 requires proof of injury causation.
Stop & testing: Basis for the stop; PAS/evidential device calibration and maintenance; blood draw protocols; rising BAC timing.
Charging & enhancements: Whether injury level supports felony filing; whether additional-victim allegations (VC §23558) or GBI (PC §12022.7) were properly pled and proven.

Negotiation pathways

Depending on facts, priors, and injury severity, outcomes can include reduction from §23153 to a misdemeanor, alternative sentencing with treatment, or negotiated pleas to non-injury DUI (§23152) or reckless driving. We also run the DMV hearing in parallel to protect driving privileges.

FAQs

Does a “minor” injury still trigger §23153?

Yes. Any bodily injury to another person can satisfy §23153; the injury level primarily affects charging (misdemeanor vs felony) and potential enhancements.

Can property damage alone make a DUI a felony?

Generally, no. Without injury or qualifying factors, property-damage cases are typically charged under §23152. Separate hit-and-run liability may apply if you leave the scene (VC §20002).

How fast do I need to act with DMV?

You generally have 10 days to request an APS hearing after notice. See the DMV’s explanation: DMV DUI page.

Talk with Braden & Tucci

We defend injury and property-damage DUI cases across Orange County, aligning the court matter with the DMV track and challenging causation and enhancements. Call (949) 996-0170 or review our pages on DUI penalties and license suspension.

Disclaimer: This article is for general information only and not legal advice. Outcomes depend on specific facts and jurisdiction. Consult an attorney about your situation.