23153(a) DUI Causing Injury in California

California Vehicle Code 23153a makes it illegal to drive under the influence of alcohol and cause injury to another person. If you were hurt in a DUI-related car accident, this law can be a key factor in proving the driver’s negligence and liability. Pursuing compensation can help cover your medical expenses, lost income, and other damages while holding the drunk driver accountable.

What Is California Vehicle Code 23153a CVC?

California Vehicle Code 23153a prohibits driving under the influence of alcohol and causing injury to another person. This law applies to situations where an impaired driver’s actions result in physical harm to passengers, other motorists, pedestrians, or cyclists. Violations of this law are treated as more severe offenses compared to standard DUI charges because of the injuries caused.

CVC 23153a applies even if the driver’s blood alcohol content (BAC) is below the legal limit of 0.08%, as long as impairment can be proven. Officers may rely on evidence such as erratic driving, field sobriety test results, or witness statements to establish that the driver’s ability to operate the vehicle safely was compromised. This ensures that impaired drivers are held accountable for the harm they cause, regardless of BAC levels.

The language of the statute reads as follows:

“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.”

How DUI Accidents Affect Car Accident Cases

Violating CVC 23153a can establish fault and negligence in car accident claims. When a driver is found to be under the influence and causes injury, their violation demonstrates a clear breach of their duty to operate the vehicle safely. This makes it easier for victims to prove liability and recover compensation for their injuries.

Police reports, chemical test results, and witness statements are often used as evidence to link the driver’s impairment to the collision. A DUI charge under CVC 23153a not only strengthens the victim’s personal injury claim but may also lead to higher compensation due to the egregious nature of the driver’s behavior.

Tip

Drivers that violate California’s drunk driving laws may find that their insurance providers refuse to pay for victims’ injuries. The insurer may claim that their policy is void if the driver operates their vehicle while under the influence of drugs or alcohol, however this does not prevent you from demanding compensation in a civil lawsuit.

Penalties for Violating California Vehicle Code 23153a

Violating CVC 23153a carries significant penalties due to the harm caused to others. Drivers face criminal charges that may result in fines, imprisonment, and the suspension or revocation of their driver’s license. The severity of the penalties often depends on the circumstances of the offense, such as whether it is a first-time violation or involves severe injuries.

First Offense

A first offense under California Vehicle Code 23153a carries penalties including a 1-year license suspension and up to 1 year in jail. First-time offenders are also subject to fines and mandatory participation in DUI education programs designed to prevent future violations. These programs often emphasize the dangers of impaired driving and the consequences it can have on public safety.

Although first offenses are treated as misdemeanors, they can still have a significant impact on the driver’s record, finances, and insurance rates. Victims of DUI-related accidents involving first-time offenders may still pursue civil claims to recover compensation for their injuries and losses. The conviction serves as strong evidence of negligence, simplifying the legal process for victims.

Second Offense

A second offense results in harsher penalties, reflecting the repeat nature of the violation. Drivers convicted of a second DUI causing injury face increased fines, longer license suspensions, and mandatory completion of extended DUI programs. Probation periods are often stricter, and offenders may also be required to install an ignition interlock device (IID) to regain driving privileges.

• Repeat offenders are seen as a higher risk to public safety, which is why penalties escalate significantly. Victims involved in accidents with repeat offenders often use the driver’s history of DUI violations as evidence to support claims for punitive damages. These civil cases aim to provide justice for the harm caused by the driver’s recurring reckless behavior.

DUI Causing Severe Injury or Death

DUI cases involving severe injuries or fatalities are charged as felonies, resulting in the most severe penalties under CVC 23153a. Offenders may face prison sentences of up to 10 years, substantial fines, and permanent criminal records. These cases often involve aggravating factors, such as excessive BAC levels or reckless driving during the incident.

In addition to criminal penalties, offenders may be required to pay restitution to compensate victims or their families for medical expenses, lost income, and other damages. Civil lawsuits are common in these cases, as victims seek additional compensation for pain, suffering, and emotional trauma. The combination of criminal and civil consequences underscores the gravity of DUI offenses that result in life-altering harm.

Common Accidents Caused by DUI Drivers

DUI drivers are more likely to cause severe accidents due to impaired judgment, slower reaction times, and reduced motor control. Below are some common collision types associated with impaired driving:

• Head-on collisions – Impaired drivers crossing the centerline. These crashes often occur when drivers lose control or misjudge distances, resulting in devastating head-on impacts.
• Intersection accidents – Running red lights due to delayed reaction times. DUI drivers frequently fail to stop at traffic signals, leading to T-bone or side-impact collisions.
• Pedestrian injuries – Failing to yield at crosswalks. Impaired drivers may not notice pedestrians or react in time to avoid hitting them, especially in urban areas or school zones.

DUI-related crashes often result in severe injuries or fatalities, making them some of the most dangerous accidents on the road. Victims of these collisions face extensive costs for medical treatment, loss of income, and mental and emotional trauma, emphasizing the need for accountability and compensation.

How Victims Can Pursue Compensation After a DUI Accident

Victims of DUI accidents can file personal injury claims or wrongful death lawsuits to recover compensation for their losses. These legal actions allow victims to seek financial reimbursement for damages caused by the impaired driver’s negligence. A DUI conviction under California Vehicle Code 23153a often strengthens these claims by providing clear evidence of the driver’s reckless behavior.

Seek Compensation for Medical Bills, Lost Income, and Pain and Suffering

Victims of DUI-related accidents can recover damages for current and future medical expenses, lost wages, and pain and suffering. These damages address the financial and emotional toll of the accident, ensuring that victims have the resources needed for their recovery. Medical costs often include hospital stays, physical therapy, medication, and any necessary long-term care.

In addition to medical expenses, victims may claim compensation for missed workdays and reduced earning capacity if the injury impacts their ability to return to their previous jobs. Emotional distress, such as anxiety, depression, or trauma caused by the accident, can also be included in the claim under non-economic damages. These combined damages aim to provide financial relief and help victims rebuild their lives.

Use DUI Conviction as Evidence of Gross Negligence

A DUI conviction serves as strong evidence of the at-fault driver’s gross negligence, simplifying the process of proving liability in a personal injury claim. The conviction demonstrates that the driver acted with reckless disregard for the safety of others, creating a clear link between their behavior and the harm caused. This evidence is often critical in establishing fault and securing compensation.

By leveraging the conviction, victims can strengthen their claims and reduce disputes over liability with insurance companies. Police reports, chemical test results, and witness statements further support the case, providing undeniable proof of the driver’s impairment at the time of the accident. The presence of a DUI conviction often accelerates the claims process and leads to higher settlement amounts.

Request Punitive Damages for Reckless Behavior Under California Civil Code § 3294

Victims may request punitive damages to penalize the driver for their reckless behavior under California Civil Code § 3294. Unlike compensatory damages, which address tangible losses, punitive damages are intended to punish the at-fault party and prevent similar conduct in the future. These damages are typically awarded in cases involving gross negligence or intentional misconduct, such as driving under the influence.

Punitive damages can significantly increase the total compensation awarded to victims, providing additional financial relief. Courts consider factors like the driver’s BAC level, prior DUI convictions, and the severity of the injuries caused when determining whether to award punitive damages. For victims, these damages offer a sense of justice and hold impaired drivers fully accountable for their actions.

Pro Tip

While punitive damages are not guaranteed, having an experienced car accident lawyer can review the details and facts of your case to help you determine if they could apply in your civil case.

How DUI Drivers Challenge CVC 23153a Violations

One common defense against CVC 23153a violations involves disputing the accuracy of chemical test results. Breathalyzer devices, for example, require regular calibration, and improper maintenance can result in inaccurate BAC readings. Defendants may also argue that errors in administering the test or mishandling samples compromised the results.

Additionally, attorneys might argue that the driver was not the primary cause of the accident, even if their BAC exceeded the legal limit. They may present evidence showing that other factors, such as road conditions or another driver’s actions, played a significant role in the collision. This defense shifts the focus away from the driver’s impairment and onto other potential causes.

CVCs Related to California Vehicle Code 23153a

Several laws complement CVC 23153a by addressing other aspects of DUI behavior and its consequences:

• CVC 23152a: DUI without injury – This law prohibits driving under the influence of alcohol but does not require proof of injuries or fatalities. Penalties for violating CVC 23152a include fines, license suspension, and jail time.
• CVC 23152b: Driving with a BAC of 0.08% or higher – This law enforces California’s legal BAC threshold and applies regardless of whether the driver demonstrates impairment. Convictions under CVC 23152b often strengthen claims in DUI-related accidents.
• California Penal Code § 191.5: Gross vehicular manslaughter while intoxicated – This statute addresses DUI-related crashes that result in fatalities and involve gross negligence. Penalties include lengthy prison sentences and significant fines, reflecting the gravity of the offense.

California Vehicle Code 23153a FAQ

Can a victim sue a DUI driver if the driver was not convicted?

Yes, victims can still file a personal injury lawsuit even if the DUI driver was not convicted. Civil cases require a lower burden of proof than criminal cases, meaning victims need only demonstrate negligence by a preponderance of the evidence. Police reports, witness statements, and chemical test results can support the claim, even if the criminal case does not result in a conviction.

Victims should act quickly to preserve evidence and file their claim within California’s statute of limitations, which is typically two years from the date of the accident. Consulting with a lawyer ensures that the necessary evidence is gathered and that the claim is filed on time.

How do punitive damages differ from compensatory damages in DUI cases?

Punitive damages are awarded to punish the at-fault driver for reckless behavior, such as driving under the influence, and to deter similar actions in the future. In contrast, compensatory damages aim to reimburse victims for their actual losses, including medical expenses, lost wages, and pain and suffering.

What if the victim was partially at fault for the accident?

Under California’s pure comparative fault system, victims can still recover damages even if they share some responsibility for the accident. However, their compensation will be reduced by their percentage of fault. For example, if a victim is found 20% at fault, they can still recover 80% of their total damages.

Establishing the DUI driver’s negligence is critical to minimizing the victim’s share of fault. Evidence such as police reports, chemical tests, and witness statements can help demonstrate that the driver’s impairment was the primary cause of the collision.

Note

Liable motorists often try to take advantage of California’s laws by blaming accident victims in an attempt to reduce their financial responsibility for your injuries. With dedicated legal counsel by your side, you can be confident that we can argue against any false claims of shared liability. 

Secure Compensation After a DUI Accident With Crockett Law Group

California Vehicle Code 23153a is designed to hold drivers accountable when their decision to drink and drive causes harm to others. If you were injured in a DUI-related accident, you have the right to pursue a personal injury claim for your damages. Crockett Law Group can help you build a strong case and secure the compensation you need to recover. When you are ready to get started on your case, simply fill out our online contact form or call us to schedule your free consultation today.