What is a DUI with injury and what are the penalties?

What the Law Says

California law defines DUI with injury as operating a vehicle while under the influence of alcohol or drugs and causing bodily injury to another person. It is a 'wobbler'—chargeable as either a misdemeanor or felony depending on circumstances like prior convictions and severity of injury.

Vehicle Code § 23153 makes it illegal to drive under the influence and cause bodily injury to another person. The law applies whether the driver is impaired by alcohol, drugs, or a combination of both. 'Bodily injury' means any physical injury requiring medical treatment—even minor injuries like bruises or whiplash qualify.

If convicted of a misdemeanor, penalties include up to one year in county jail, fines from $390 to $5,000 (plus penalty assessments), mandatory DUI school (3–30 months), and a 1–3 year driver’s license suspension. For a felony conviction—typically when there are prior DUIs, serious injury, or death—the penalties increase significantly.

The court must impose an ignition interlock device (IID) for all DUI with injury convictions, regardless of misdemeanor or felony status. The IID requirement lasts 12–48 months depending on offense count and injury severity.

Statutory Text

It is unlawful for a person who is under the influence of an alcoholic beverage or drug, or under the combined influence of an alcoholic beverage and drug, to drive a vehicle and concurrently cause bodily injury to any person other than himself or herself.

— Vehicle Code § 23153(a) — Driving under the influence and causing injury

Statutory Text

Upon a first conviction of a violation of this section, the person shall be punished by imprisonment in a county jail for not less than five days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than five thousand dollars ($5,000).

— Vehicle Code § 23153(c) — Penalty for first conviction

What to Do

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