Driving under the influence (DUI) is a serious offense, especially when it results in injury to another person. Vehicle Code 23153 VC in California specifically addresses DUI causing injury. Here's a simple breakdown of what you need to know about this law.

What is Vehicle Code 23153 VC?

Vehicle Code 23153 VC makes it illegal to drive under the influence of alcohol or drugs and cause bodily injury to someone else. This is a more severe charge compared to a standard DUI because it involves harm to another person.

Key Points:

• Driving under the influence: This means having a blood alcohol concentration (BAC) of 0.08% or higher, or being impaired by drugs or alcohol.
• Causing injury: The driver must have caused an accident that resulted in bodily harm to someone else.

Elements of the Offense

To convict someone under Vehicle Code 23153 VC, the prosecution must prove the following elements:

1. DUI: The driver was under the influence of alcohol or drugs.
2. Negligence or Illegal Act: The driver either committed an illegal act or neglected to perform a legal duty while driving.
3. Causation: The driver's actions directly caused bodily injury to another person.

Example:

Imagine a driver, Alex, who drinks at a party and then decides to drive home. On the way, Alex runs a red light and hits another car, injuring the other driver. If Alex is found to have a BAC of 0.10%, Alex could be charged under Vehicle Code 23153 VC because:

• Alex was driving under the influence.
• Running the red light is an illegal act.
• This illegal act caused injury to the other driver.

Penalties

The penalties for violating Vehicle Code 23153 VC are more severe than for a standard DUI. They can include:

1. Fines: Up to $5,000.
2. Imprisonment:
   • County jail: 1 year or less (for misdemeanors).
   • State prison: 2, 3, or 4 years (for felonies).
3. License Suspension: Suspension or revocation of driving privileges.
4. Probation: Informal (for misdemeanors) or formal probation (for felonies).
5. Restitution: Payment to the victim for medical expenses, lost wages, and other damages.

Example:

If Alex is convicted, Alex might face:

• A fine of $3,000.
• 2 years in state prison.
• A suspended driver's license for 1 year.
• Paying restitution to the injured driver for medical bills.

Defenses

There are several defenses that can be used against a charge under Vehicle Code 23153 VC:

1. Not Under the Influence: Arguing that the driver was not actually under the influence of alcohol or drugs.
2. Lack of Causation: Proving that the driver's actions did not directly cause the injury.
3. Unlawful Stop: Claiming that the traffic stop was illegal, which might lead to evidence being dismissed.

Others

1. Lack of Proof of Intoxication:

• Insufficient Evidence: The prosecution may fail to prove beyond a reasonable doubt that the defendant was under the influence of alcohol or drugs at the time of the accident.
• Inaccurate Blood Alcohol Content (BAC) Test: There may be issues with the accuracy of the BAC test, such as improper administration or calibration errors.
• Other Factors Affecting BAC: Factors like medication, certain medical conditions, or recent consumption of food can sometimes affect BAC readings.

2. Lack of Causation:

• Independent Cause of Accident: The defense may argue that the accident was caused by factors unrelated to the defendant's intoxication, such as mechanical failure or road conditions.
• Contributory Negligence: The defense may assert that the injured party was partially responsible for the accident, which could reduce the defendant's liability.

3. Procedural Errors:

• Unlawful Stop or Arrest: If the defendant believes they were stopped or arrested unlawfully, this could be grounds for challenging the charges.
• Violations of Miranda Rights: If the defendant's Miranda rights were not properly read or understood, any statements made to law enforcement could be inadmissible in court.

4. Reasonable Doubt:

• Casting Doubt on the Prosecution's Case: The defense may attempt to create reasonable doubt in the minds of the jury by challenging the prosecution's evidence or witnesses.

Example:

Alex's attorney might argue that the breathalyzer test was faulty, showing an incorrect BAC, or that the injury was not directly caused by Alex's actions but rather by another factor, such as a defect in the other driver's car.

Conclusion

Vehicle Code 23153 VC addresses the serious offense of causing injury while driving under the influence. Understanding the key elements, penalties, and possible defenses can help you grasp the seriousness of this law. Always remember, driving under the influence not only endangers your life but also the lives of others on the road. Stay safe and responsible.

If you have any questions or need further clarification on Vehicle Code 23153 VC, feel free to ask! Call (916) 498-8460