Charged with DUI causing injury in San Diego? This is one of the most serious DUI charges in California — a wobbler that can result in years in state prison. Attorney Anton Vialtsin at LAWSTACHE Law Firm provides experienced defense for VC 23153 charges throughout San Diego County. Call 619-357-6677 immediately.
San Diego DUI With Injury Attorney — Defending VC 23153 Charges
California Vehicle Code 23153 — DUI causing bodily injury — is a wobbler offense that can be charged as either a misdemeanor or a felony. Therefore, the charging decision is one of the most critical moments in your case. Because the prosecution must prove two separate elements — that you were driving under the influence AND that you committed an additional unlawful act that caused the injury — there are multiple points of attack for a skilled defense attorney.
DUI with Injury Penalties in California
- As a misdemeanor: Up to 1 year in county jail, fines, probation, 1-year IID requirement
- As a felony: 2 to 16 years in state prison, up to $5,000 in fines, 4-year license revocation
- Restitution: Mandatory payment to all injured victims
- IID: 12-month minimum installation (longer for felony)
- Strike: A felony DUI with injury may count as a strike under California’s Three Strikes law if great bodily injury is alleged
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How We Defend DUI With Injury Charges in San Diego
Because DUI with injury requires proof of two separate elements, Anton Vialtsin attacks both. In addition to challenging the DUI evidence itself, he challenges the causation between your driving and the alleged injury.
Challenging Causation
The prosecution must prove that your unlawful act or neglect of duty directly caused the injury. Therefore, if the accident was caused by another driver’s negligence, road conditions, or the victim’s own actions, causation can be successfully challenged. Anton Vialtsin works with accident reconstruction experts when necessary.
Fighting Felony Treatment
Because DUI with injury is a wobbler, arguing for misdemeanor treatment rather than felony treatment is often the most important battle in these cases. In addition, Anton presents mitigating factors — including your lack of prior record, cooperation with authorities, and the circumstances of the accident — to persuade the prosecution and court to treat the charge as a misdemeanor.
Challenging the Injury Allegation
The definition of bodily injury under VC 23153 requires more than minimal physical contact. Furthermore, if the alleged injuries are minor or disputed, Anton Vialtsin challenges whether they meet the legal threshold required for this charge.
Free Consultation — San Diego DUI With Injury
Call 619-357-6677 to speak directly with Anton Vialtsin, Esq. Free consultation — weekdays and weekends.
Frequently Asked Questions — DUI With Injury San Diego
What is DUI with injury in California?
DUI with injury under VC 23153 occurs when a DUI driver commits an additional unlawful act or neglects a driving duty that causes bodily injury to another person. It is a wobbler charged as a misdemeanor or felony.
What are the penalties for DUI causing injury in California?
As a misdemeanor, up to 1 year in county jail. As a felony, 2 to 16 years in state prison, up to $5,000 in fines, 4-year license revocation, and mandatory victim restitution.
Can DUI causing injury be reduced to a misdemeanor?
Yes. Because it is a wobbler, an experienced attorney can argue for misdemeanor treatment based on injury severity, defendant’s record, and strength of the defense.
Is DUI with injury a strike in California?
It can be if the prosecution alleges great bodily injury (GBI) as an enhancement. A GBI allegation can add 3 years to your sentence and count as a strike under California’s Three Strikes law. Fighting the GBI allegation is therefore critical.
Our Office — Serving San Diego DUI With Injury Clients
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.