Vehicle Code § 23153 – DUI Causing Injury
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Vehicle Code § 23153 – DUI Causing Injury
California Law
Vehicle Code – VEH
DIVISION 11. RULES OF THE ROAD [21000 – 23336]
( Division 11 enacted by Stats. 1959, Ch. 3. )
CHAPTER 12. Public Offenses [23100 – 23249.50]
( Chapter 12 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Offenses Involving Alcohol and Drugs [23152 – 23229.1]
( Article 2 added by Stats. 1981, Ch. 940, Sec. 32. )
23153.
(a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.
(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
(d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
(f) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(Amended by Stats. 2016, Ch. 765, Sec. 2. (AB 2687) Effective January 1, 2017.)
California Law Summary
This statute applies when a person drives under the influence of alcohol or drugs and, through an unlawful act or neglect, causes bodily injury to another person. The offense is typically prosecuted as a felony, particularly if there are prior DUI convictions or serious injuries involved.
Key Elements:
The driver was under the influence (alcohol, drugs, or both),
The driver violated another law or acted negligently,
That action caused bodily injury to another person.
Purpose
To impose stricter penalties when impaired driving results in harm to others, reinforcing the legal and social consequences of DUI-related conduct.
Application
A violation under § 23153 can significantly strengthen a personal injury claim. It may serve as clear evidence of negligence or recklessness, support claims for punitive damages, and affect insurance liability and settlement outcomes.
