DUI Causing Injury — Vehicle Code § 23153

An ordinary DUI is charged under Vehicle Code § 23152. When someone other than the driver is injured, the charge becomes § 23153 — and almost everything changes: it can be filed as a felony, the bail sits at a different tier, and a great bodily injury allegation can push it into strike territory.

What separates 23153 from an ordinary DUI

What that does to the bail

A first misdemeanour DUI sits at the lower end of the Orange County schedule. A 23153 does not. Where the section carries no individual entry, the Orange County schedule prices a felony from the state prison top term using the county’s guideline table — which is why two DUI-injury cases can be quoted very different numbers depending on the allegations attached. Multiple counts and a great bodily injury enhancement both move the figure. See the Orange County bail schedule explained.

In Los Angeles County, a felony DUI with injury is the kind of charge most likely to sit outside the $0 pre-arraignment release designations — check the protocol column rather than assuming: LA County bail amount lookup.

The night itself still runs on sobriety

One thing does not change. A custody facility will not release someone whose level of intoxication makes release unsafe — the Huntington Beach Police Department states that rule in writing. So the sequence is the same as any DUI: get the charge, arrange the bond so it is in place, and let the release happen when the facility authorises it. See how long release takes.

Three things that run in parallel

1. The criminal case, at the courthouse covering the arresting city.
2. The DMV process, which is separate from the criminal case and has its own short deadline. Ask a defence lawyer about it immediately.
3. Civil exposure to the injured person, which a bail agency has no part in but which every family should know is coming.

What to do first

1. Get the section as booked — 23152 or 23153. They are not the same case.
2. Ask whether a great bodily injury allegation is attached, and how many counts.
3. Check for priors, which change both the charge level and the figure.
4. Expect the release to wait on sobriety, not on money.

Questions we get asked most

Is DUI with injury a felony in California?

Vehicle Code § 23153 is a wobbler and is frequently filed as a felony, particularly where the injuries are serious or there are prior convictions.

What if the only person hurt was the driver?

Section 23153 requires bodily injury to a person other than the driver. Injury to the driver alone does not convert an ordinary DUI into a 23153.

Why is the bail so much higher than a normal DUI?

Because it is a different and more serious charge, and because enhancements and multiple counts attach to it. In Orange County an unlisted felony is priced from the state prison top term using the county guideline table.

Does a bond deal with the DMV?

No. The DMV process runs separately from the criminal case on its own short deadline.

Related resources

DUI bail bonds · Anaheim DUI bail · Felony bail · Orange County bail schedule · Bail reduction hearings · How long release takes · All bail services