DUI Causing Injury: What Injuries Qualify?

If you or someone you know is facing DUI charges in California involving an "injury," it's important to understand what the law actually considers an injury. California Vehicle Code § 23153 outlines the crime of Driving Under the Influence Causing Injury, but not every bump or bruise automatically turns a DUI into a felony.

So what kind of injury is required to elevate a DUI charge—and what does it mean for your case?

Understanding Vehicle Code § 23153 VC

Under California law, a DUI becomes significantly more serious when it results in bodily injury to another person—whether it’s a passenger, another driver, or a pedestrian. Specifically, the law makes it a crime to drive under the influence of alcohol or drugs and commit an illegal act or neglect a legal duty (like failing to yield), which causes injury to another person.

But the key question for many clients is: What kind of injury actually triggers this charge?

Not All Injuries Are Treated Equally

The law does not require the injury to be life-threatening. In fact, even relatively minor physical injuries can satisfy the legal requirement for a DUI causing injury.

Courts have found that any physical injury—not just "great bodily injury"—can qualify. This can include:

• Whiplash

• Cuts or lacerations

• Bruises

• Concussions

• Broken bones

• Swelling or pain resulting from impact

Even if the victim didn’t seek immediate medical attention, their statements about pain or discomfort may be used by the prosecution to establish that an injury occurred.

Misdemeanor vs. Felony DUI With Injury

One of the most critical things to know is that DUI causing injury can be charged as a misdemeanor or a felony, usually depending on the severity of the injury and the defendant’s prior record.

• Misdemeanor DUI with injury may apply if the injuries are minor and the driver has no prior DUI convictions or other aggravating factors present.

• Felony DUI with injury is more likely if the injuries are serious, or the driver has prior DUI convictions (especially prior DUI injuries or felonies).

And if the injuries qualify as great bodily injury (such as traumatic brain injury, broken limbs, or permanent disfigurement), the penalties can increase significantly—including sentencing enhancements under California’s “Three Strikes” law.

Why the Type of Injury Matters to Your Defense

As a defense attorney, one key strategy often involves challenging the existence or severity of the alleged injury. For example:

• Was there medical documentation?

• Did the alleged victim complain of injury at the scene?

• Could the injury have occurred in another way?

• Was there actual physical damage or just subjective complaints (e.g., “my neck hurts”)?

If the prosecution cannot prove that a legitimate injury occurred—or if the injury was not caused by the defendant’s actions—then the DUI causing injury charge may not hold up in court.

Facing a DUI Injury Charge? Get Legal Help Immediately

If you're charged with DUI causing injury in California, you're facing serious consequences—jail time, fines, license suspension, and a criminal record. But remember: an arrest is not a conviction. There may be strong legal defenses available, especially when the facts around the “injury” are weak or disputed.

At the Davis W. Hewitt Law Office, we have extensive experience defending DUI charges in California—including cases involving alleged injuries. If you’ve been arrested or charged, call Davis today for a confidential consultation. He will help you understand your rights and fight for the best possible outcome.