California Vehicle Code 23153 VC DUI Causing Injury – Child Endangerment

If because you were driving under the  influence, you injure another person, prosecutors will likely charge you with  “DUI with injury” under California Vehicle Code section 23153 VC.¹ This charge is a “wobbler,” which means that  it may be prosecuted as either a misdemeanor or as a felony depending on

1. the  circumstances of the offense, and
2. your  criminal history, with particular emphasis placed on your prior DUI history.

In order to  better understand the specifics of this offense, I’ll address the following:

1. Overview of California Vehicle Code 23153 VC DUI Causing  Injury

2. How Does the Prosecutor Prove that I am Guilty  of a DUI Causing Injury?

3. Penalties, Punishment, and Sentencing for  Vehicle Code 23153 VC

4. How Do I Fight a Charge for a DUI Causing  Injury?

5. Vehicle Code 23153 VC DUI Causing Injury and  Related Offenses

If, after  reading this article, you have additional questions, we invite you to contact me, a California DUI defense lawyer, for a free consultation.  You may also  find helpful information in related articles on Vehicle Code 23152(a)  Driving Under the Influence, California DUI Laws and Commercial Licenses,  California Felony DUI, Penal Code 191.5 Vehicular Manslaughter While  Intoxicated, and 20 Ways to Beat a California DUI. And always feel free to contact us at the Law Office of William Daley.

1. Overview of California Vehicle Code 23153 VC DUI Causing  Injury

California first enacted drunk driving laws in 1911. These laws prohibited driving while  intoxicated. “Intoxicated” was loosely  defined and, as a result, lobbyists sought stricter enforcement.

In the 1980s,  various citizen groups (led by Mothers Against  Drunk Driving (MADD)) convinced the state to rewrite California’s DUI laws. It was during that decade that major new  legislation changed the ways DUI cases were prosecuted, defended, and punished.

Vehicle Code  23152 VC was introduced in 1981. At that  time, California DUI laws prohibited driving while “under the influence” or  driving “with a BAC of 0.10% or  greater.” In response to even more  political pressure, the California Legislature lowered the threshold from 0.10% to 0.08% in 1989.

Today, Vehicle  Code 23513 VC…which punishes driving under the influence and causing an injury…remains essentially  unchanged since its inception in 1989.

2. How Does the Prosecutor Prove that I am Guilty  of a DUI Causing Injury?

That depends on  which subdivision prosecutors charge you with.  In order to convict you of California Vehicle Code 23153(a) VC “DUI  causing injury,” the prosecutor must prove three facts (otherwise known as  “elements of the crime”):²

1. you drove  while under the influence of alcohol and/or drugs,
2. while  driving, you broke a law (in addition to driving under the influence) or acted  in an otherwise negligent manner while driving, and
3. that your unlawful  act or negligence injured another person.

In order to  convict you of Vehicle Code 23153(b) VC “driving with a BAC  of 0.08% or greater and causing an injury,” the first element changes, but the  second and third remain the same.

So instead of  proving that you drove under the influence, the prosecutor must prove that you  drove with a BAC of 0.08% or  greater.³

It should be  noted that if you were driving a commercial vehicle, the prosecutor need only  prove that you drove with a BAC of  0.04% or greater. For more information  about DUI laws and how they relate to commercial drivers, please review our  article on California  DUI Laws and Commercial Licenses.

Let’s take a  closer look at these elements to better understand this offense.

That you drove “under the influence” or “with a  BAC of 0.08% or greater”

If you are  “under the influence,” it means that “your physical or mental abilities are impaired to  such a degree that you no longer have the ability to drive with the caution  characteristic of a sober person of ordinary prudence under the same or similar  circumstances.”⁴

With respect to driving under the influence of drugs, the drugs may be illegal,  prescription, or even over-the-counter.⁵

Driving “with a BAC of 0.08% or greater” is what’s known as the  “per se” law. This is because California DUI law presumes that if  your BAC is 0.08% or greater at  the time of your blood or breath test, you are guilty of DUI…regardless of  whether you were actually under the influence of alcohol and/or drugs.⁶

Your blood alcohol concentration (or “BAC”)  is the amount of blood that is present in your bloodstream.  It is measured as grams of alcohol per 100  milliliters of blood or grams of alcohol per 210 liters of breath.⁷

That you broke a law or otherwise acted in a negligent manner

California DUI  law under Vehicle Code 23153 provides that you must (1) act in a negligent  manner, or (2) break a law in addition to driving under the influence. This means  that it must be your act or negligence that causes the other person’s  injury.

Here’s an  example to illustrate the point.

Bob, who is “buzzed” while driving home  from a party, gets rear-ended by Steve, who cut his head on the windshield  during the accident. Under these  circumstances, prosecutors could charge Bob with “DUI causing injury.”
However, Bob’s California DUI  defense attorney would argue that Vehicle Code 23152 misdemeanor  DUI⁸ would be a more appropriate charge…since the accident and injury weren’t caused by Bob. But,

If Bob was speeding while buzzed  and he rear-ended Steve, prosecutors would likely maintain that a “DUI with  injury” under VC 23153 would be the appropriate charge, because

1. he sped while driving under the  influence, and
2. his speed led him to rear-end  Steve, causing Steve’s head injury.

3. Penalties, Punishment, and Sentencing for  Vehicle Code 23153 VC

The punishment for a California  “DUI with injury” varies a great deal depending on

1. the facts of your specific case, and
2. whether it’s your first or second DUI within a ten year  period (otherwise known as a “lookback” period). California DUI offenses are “priorable,”  which means that your punishment necessarily increases with each subsequent  conviction.

It should be noted that unlike a non-injury DUI under  Vehicle Code 23152, a third “DUI with injury” offense is an automatic California felony DUI, not  a misdemeanor.⁹

Below are the types of penalties that you face if convicted  of either misdemeanor or felony Vehicle Code 23153 VC.

Misdemeanor DUI with injury¹⁰ –

• Informal (“summary”) probation for three to five years,
• five days to one year in a county jail,
• between $390-$5,000 in fines,
• a three, nine, 18, or 30 month court approved alcohol or  drug education program (otherwise known as “California DUI  school”),
• a one or three-year suspension of your California driving privilege, and
• restitution to any/all injured parties.

Felony DUI with injury¹¹ –

• Two, three, or four years in the California State Prison,  with
• an additional and consecutive three- to six-year prison  sentence if any victim suffers great bodily injury,¹² or
• an additional and consecutive one-year sentence for each additional person that suffers any injury…up to three years maximum,¹³ and
• a “strike” on your record pursuant to California’s Three Strike’s  Law if anyone other than yourself suffers great bodily injury,
• between $1,015-$5,000 in fines,
• an 18- or 30-month court-approved DUI school,
• Habitual Traffic Offender (HTO) status for three years, and
• a five-year revocation of your California driver’s license.

4. How Do I Fight a Charge for a DUI Causing  Injury?

Defending against a  California Vehicle Code 23153 VC violation begins with the same approach as defending  against any drunk driving charge. A California  DUI defense attorney will explore all possibilities of proving that (1) you  weren’t under the influence, and/or (2) that your unlawful blood alcohol level  was inaccurately reported.

A skilled California drunk driving defense attorney  will additionally ensure that all investigation, arrest, and breath-testing  procedures were properly adhered to.

The defense takes on an  additional approach when focusing in on the accident and subsequent  injury. A good criminal defense lawyer  will work with an accident reconstruction expert who can independently evaluate  whether the accident that caused the injury was truly your fault.

The accident reconstruction  expert “reconstructs” the scene, taking into account factors such as

• the weather,
• road conditions,
• damage to the vehicles,  and
• any other relevant  evidence that he/she acquires.

This is critical because when  police arrive on the scene of an accident and learn that someone has been  drinking, they tend automatically to assume that person is to blame.  Police traffic investigators then write their reports based on that  presumption.

San Diego DUI attorney William Daley explains,¹⁵ “This is why Vehicle Code 23153 charges are frequently reduced to Vehicle Code  23152 VC charges. It is often difficult  for the prosecution to prove that it was your negligence that caused the other  person’s injury, rather than the alleged fact that you were simply under the  influence.”

For a detailed explanation  of specific DUI defenses that may be applicable to a Vehicle Code 23153 VC  charge, please review our article “20 Ways to Beat a  California DUI.”

5. Vehicle Code 23153 VC DUI Causing Injury and  Related Offenses

There are a variety of  offenses that…depending on the circumstances…prosecutors could charge you with  in addition to (or in lieu of) Vehicle Code 23153 “DUI with injury.” Below is an example of some of the most  common.

California Penal  Code 191.5 PC Vehicular Manslaughter While Intoxicated

Prosecutors  could charge you with Penal Code  191.5 vehicle manslaughter while intoxicated under two circumstances:

1. if you  break a law…in addition to driving under the influence…or negligently cause the  death of another,¹⁶ or
2. when…in  addition to driving under the influence…you commit an act that is likely to result in the death of  another person.¹⁷

California Vehicle Code 20001 Felony Hit and Run Involving Injury or Death

Prosecutors  could charge you with Vehicle  Code 20001 VC felony hit and run involving injury or death if…after you are involved in an accident…you don’t (1)  stop and provide your information, and (2) provide reasonable assistance to  anyone requiring medical attention.¹⁸

Although we’re  dealing with DUI causing injury…which implies that you are at fault for the  accident…it should be noted that these requirements apply regardless of  liability.

California Penal  Code 273a PC Child Endangerment

Prosecutors could charge  you with Penal  Code 273a child endangerment if…at the time of your DUI offense…you were  driving with a child as a passenger in the car.¹⁹ If convicted of a felony child endangerment  charge, you fact up to six years in the state prison.²⁰

If you have additional questions about California DUI laws,  or you would like to discuss your case confidentially with one of our drunk  driving defense attorneys, we invite you to contact us.

Additional  Resource:

Court-Approved DUI Alcohol Programs– A state-wide listing  of court-approved DUI alcohol programs broken down by city.

Legal References:

¹ California Penal Code  23153 VC – Driving under the  influence and causing bodily injury to another person; blood alcohol  percentage; presumptions. (“(a)  It is unlawful for any person, while under the influence of any alcoholic  beverage or drug, or 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. (b)  It is unlawful for any 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 [that is, California DUI causing injury], 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.”)  (Your blood alcohol concentration (or “BAC”)  is the amount of blood that is present in your bloodstream.)

² California  Jury Instructions – Criminal. CALJIC  12.60 — Felony driving under the influence causing injury. (“In order to prove this crime, each of the  following elements must be proved: [1] A person drove a vehicle while under the  [influence of [any alcoholic beverage] [any drug]] [combined influence of any  alcoholic beverage and any drug]; [2] That person concurrently [did an act  which violated the law] [or] [failed to perform a duty required by law],  namely, ; and [3] The [violation of law] [or] [failure to perform a duty] was a  cause of bodily injury to a person other than the driver of the vehicle.”)

³ California  Jury Instructions – Criminal. CALJIC  12.60.1 — Felony driving with 0.08% (otherwise known as DUI with a BAC of 0.08% or greater and causing an injury]. (“In order to prove this crime, each of the  following elements must be proved: [1] A person drove a vehicle while having  0.08 percent or more, by weight, of alcohol in [his] [her] blood; [2] That  person concurrently [did an act forbidden by law] [or] [failed to perform a  duty imposed by law] in the driving of the vehicle, namely, ; and [3] The  [violation of law] [or] [failure to perform a duty] was a cause of bodily  injury to a person other than the driver of the vehicle.”)

⁴ California  Jury Instructions – Criminal. CALJIC  12.65 — Driving under the influence – felony prosecutions. (“A person is [under the influence of an  alcoholic beverage] [under the influence of a drug] [under the combined  influence of an alcoholic beverage and a drug] when as a result of [drinking  such alcoholic beverage] [using a drug] [his] [her] physical or mental  abilities are impaired to such a degree that [he] [she] no longer has the  ability to drive a vehicle with the caution characteristic of a sober person of  ordinary prudence under the same or similar circumstances.”)

⁵ See same regarding driving under the influence of  drugs. (“[The term “drug” as used in this  instruction means any substance or combination of substances, other than  alcohol, which could so affect the nervous system, brain, or muscles of a  person as to impair, to an appreciable degree, [his] [her] ability to drive a  vehicle in the manner that an ordinarily prudent and cautious person, in full  possession of [his] [her] faculties, using reasonable care, would drive a  similar vehicle under like conditions.]”)

⁶ California  Jury Instructions – Criminal. CALJIC 12.61.1 Driving With 0.08 Percent or  More—Inference. (“(Vehicle  Code §§ 23152, subdivision (b) and 23153 [California DUI causing injury], subdivision  (b))       If the evidence establishes  beyond a reasonable doubt that (1) a sample of defendant’s blood, breath or  urine was obtained within three hours after [he] [she] operated a vehicle and  (2) that a chemical analysis of the sample established that there was 0.08  percent or more, by weight, of alcohol in the defendant’s blood at the time of  the performance of the chemical test, then you may, but are not required to,  infer that the defendant drove a vehicle with 0.08 percent or more, by weight,  of alcohol in [his] [her] blood at the time of the alleged offense. [The failure, if any, to follow the  regulations adopted by the California State Department of Health for procedures  to be used in administering tests to determine the concentration of alcohol in  a person's blood may be considered by you in determining the accuracy of the  test or test results made in this case.]”)

⁷ Your  blood alcohol concentration (“BAC”)  is measured by California DUI chemical tests.  Blood and breath tests are the most reliable indicators of one’s BAC, although urine tests are sometimes used.

⁸ California Vehicle Code 23152 misdemeanor DUI. (“(a) It is unlawful for any person who is under the  influence of any alcoholic beverage or drug, or under the combined influence of  any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any  person who has 0.08 percent or more, by weight, of alcohol in his or her blood  to drive a vehicle.”)

⁹ California Vehicle Code 23566 (California felony DUI) — Three or more offenses;  punishment. (“(a) If a person is convicted of a  violation of [Vehicle Code] Section 23153 [DUI causing injury] and the offense  occurred within 10 years of two or more separate violations of [Vehicle Code] Section  23103, as specified in Section 23103.5, or Section 23152 or 23153, or any  combination of these violations, that resulted in convictions, that person  shall be punished by imprisonment in the state prison for a term of two, three,  or four years and by a fine of not less than one thousand fifteen dollars  ($1,015) nor more than five thousand dollars ($5,000). “)

¹⁰ California Vehicle Code 23556 — Conditions of  probation for a first offense for Vehicle Code 23153 DUI causing injury. (“(a)(1)  If the court grants probation to any person punished under Section 23554, in  addition to the provisions of Section 23600 and any other terms and conditions  imposed by the court, the court shall impose as a condition of probation that  the person be confined in the county jail for at least five days but not more  than one year and pay a fine of at least three hundred ninety dollars ($390)  but not more than one thousand dollars ($1,000). (2)  The person’s privilege to operate a motor vehicle shall be suspended by the  department under paragraph (2) of subdivision (a) of Section 13352. The court  shall require the person to surrender the driver’s license to the court in  accordance with Section 13550. (b)(1) In a county where the county alcohol program administrator has  certified, and the board of supervisors has approved, a program or programs,  the court shall also impose as a condition of probation that the driver shall  participate in, and successfully complete, an alcohol and other drug education  and counseling program [otherwise known as California DUI school], established  pursuant to Section 11837.3 of the Health and Safety Code, as designated by the  court. (2)  In any county where the board of supervisors has approved and the State  Department of Alcohol and Drug Programs has licensed an alcohol and other drug  education and counseling program, the court shall also impose as a condition of  probation that the driver enroll in, participate in, and successfully complete,  a driving-under-the-influence program licensed pursuant to Section 11836 of the  Health and Safety Code, in the driver’s county of residence or employment, as  designated by the court. For the purposes of this paragraph, enrollment in,  participation in, and completion of, an approved program shall be subsequent to  the date of the current violation. Credit may not be given to any program  activities completed prior to the date of the current violation. (3)  The court shall refer a first offender [under California Vehicle Code 23153 DUI  causing injury] whose blood-alcohol concentration was less than 0.20 percent, by  weight, to participate for three months or longer, as ordered by the court, in  a licensed program that consists of at least 30 hours of program activities,  including those education, group counseling, and individual interview sessions  described in Chapter 9 (commencing with Section 11836) of Part 2 of Division  10.5 of the Health and Safety Code. (4)  The court shall refer a first offender whose blood-alcohol concentration was  0.20 percent or more, by weight, or who refused to take a chemical test, to  participate for nine months or longer, as ordered by the court, in a licensed  program that consists of at least 60 hours of program activities, including  those education, group counseling, and individual interview sessions described  in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the  Health and Safety Code. (c)(1) The court shall revoke the person’s probation pursuant to Section 23602,  except for good cause shown, for the failure to enroll in, participate in, or  complete a program specified in subdivision (b). (2)  The court, in establishing reporting requirements, shall consult with the  county alcohol program administrator. The county alcohol program administrator  shall coordinate the reporting requirements with the department and with the  Department of Alcohol and Drug Programs. That reporting shall ensure that all  persons who, after being ordered to attend and complete a program, may be  identified for either (A) failure to enroll in, or failure to successfully  complete, the program, or (B) successful completion of the program as ordered. (d) The court shall advise the  person at the time of sentencing that the driving privilege shall not be  restored until the person has provided proof satisfactory to the department of  successful completion of a driving-under-the-influence program of the length  required under this code that is licensed pursuant to Section 11836 of the  Health and Safety Code. (e)  This section shall become operative on September 20, 2005.”)

See also California Vehicle  Code 23562  — Conditions of probation for second offense Vehicle Code 23153 DUI with  injury. (“If the court grants probation to a  person punished under Section 23560, in addition to the provisions of Section  23600 and any other terms and conditions imposed by the court, the court shall  impose as conditions of probation that the person be subject to either  subdivision (a) or (b), as follows: (a) Be confined in the county jail  for at least 120 days and pay a fine of at least three hundred ninety dollars  ($390), but not more than five thousand dollars ($5,000). The person’s  privilege to operate a motor vehicle shall be revoked by the department under  paragraph (4) of subdivision (a) of Section 13352. The court shall require the  person to surrender the driver’s license to the court in accordance with  Section 13550. (b) All of the following apply [for  a second conviction of California Vehicle Code 23153 VC DUI causing injury]: (1) Be confined in the county jail  for at least 30 days, but not more than one year. (2) Pay a fine of at least three  hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (3) The privilege to operate a  motor vehicle shall be revoked by the department under paragraph (4) of  subdivision (a) of Section 13352. The court shall require the person to  surrender the driver’s license to the court in accordance with Section 13550. (4) Either of the following: (A)  Enroll and participate, for at least 18 months subsequent to the date of the  underlying violation and in a manner satisfactory to the court, in a  driving-under-the-influence program licensed pursuant to Section 11836 of the  Health and Safety Code, if available in the county of the person’s residence or  employment, as designated by the court. The person shall complete the entire  program subsequent to, and shall not be given any credit for program activities  completed prior to, the date of the current violation. The program shall  provide for persons who cannot afford the program fee pursuant to paragraph (2)  of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to  enable those persons to participate. (B)  Enroll and participate, for at least 30 months subsequent to the date of the  underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence  program licensed pursuant to Section 11836 of the Health and Safety Code, if  available in the county of the person’s residence or employment. The person  shall complete the entire program subsequent to, and shall not be given any credit  for program activities completed prior to, the date of the current violation. (c) The court shall advise the  person at the time of sentencing [for a second offense California Vehicle Code  23153 DUI with injury] that the driving privilege shall not be restored until  the person has provided proof satisfactory to the department of successful  completion of a driving-under-the-influence program of the length required  under this code that is licensed pursuant to Section 11836 of the Health and  Safety Code. (d) This section shall become  operative on September 20, 2005.”)

¹¹ California Vehicle Code 23566 — Three or more  offenses; punishment for Vehicle Code 23153 VC DUI causing injury. (“(a) If a person is  convicted of a violation of Section 23153 and the offense occurred within 10  years of two or more separate violations of Section 23103, as specified in  Section 23103.5, or Section 23152 or 23153, or any combination of these  violations, that resulted in convictions, that person shall be punished by  imprisonment in the state prison for a term of two, three, or four years and by  a fine of not less than one thousand fifteen dollars ($1,015) nor more than  five thousand dollars ($5,000). The person’s privilege to operate a motor  vehicle shall be revoked by the Department of Motor Vehicles pursuant to  paragraph (6) of subdivision (a) of Section 13352. The court shall require the  person to surrender the driver’s license to the court in accordance with  Section 13550. (b) If a person is convicted of a  violation of [California Vehicle Code] Section 23153 [DUI causing injury], and  the act or neglect proximately causes great bodily injury, as defined in  Section 12022.7 of the Penal Code, to any person other than the driver, and the  offense occurred within 10 years of two or more separate violations of Section  23103, as specified in Section 23103.5, or Section 23152 or 23153, or any  combination of these violations, that resulted in convictions, that person  shall be punished by imprisonment in the state prison for a term of two, three,  or four years and by a fine of not less than one thousand fifteen dollars  ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege  to operate a motor vehicle shall be revoked by the Department of Motor Vehicles  pursuant to paragraph (6) of subdivision (a) of Section 13352. The court shall  require the person to surrender the driver’s license to the court in accordance  with Section 13550. (c) If a person is convicted under  subdivision (b), and the offense for which the person is convicted occurred  within 10 years of four or more separate violations of [California Vehicle  Code] Section 23103, as specified in Section 23103.5, or Section 23152 or [Vehicle  Code] 23153 [DUI causing injury], or any combination of these violations, that  resulted in convictions, that person shall, in addition and consecutive to the  sentences imposed under subdivision (b), be punished by an additional term of  imprisonment in the state prison for three years. The enhancement allegation provided  in this subdivision shall be pleaded and proved as provided by law. (d) A person convicted of Section  23153 punishable under this section shall be designated as a habitual traffic  offender for a period of three years, subsequent to the conviction. The person  shall be advised of this designation pursuant to subdivision (b) of Section  13350. (e) A person confined in state  prison under this section shall be ordered by the court to participate in an  alcohol or drug program, or both, that is available at the prison during the person’s  confinement. Completion of an alcohol or drug program under this section does  not meet the program completion requirement of paragraph (6) of subdivision (a)  of Section 13352, unless the drug or alcohol program is licensed under Section  11836 of the Health and Safety Code, or is a program specified in Section 8001  of the Penal Code.”)

¹² California  Penal Code 12022.7  — Terms of imprisonment for persons inflicting great bodily injury while  committing or attempting felony. (“(a) Any person who personally  inflicts great bodily injury on any person other than an accomplice in the  commission of a felony or attempted felony shall be punished by an additional  and consecutive term of imprisonment in the state prison for three years [this  includes a violation of California Vehicle Code 23153 DUI causing injury]. (b) Any person who personally  inflicts great bodily injury on any person other than an accomplice in the  commission of a felony or attempted felony which causes the victim to become  comatose due to brain injury or to suffer paralysis of a permanent nature,  shall be punished by an additional and consecutive term of imprisonment in the  state prison for five years. As used in this subdivision, “paralysis” means a  major or complete loss of motor function resulting from injury to the nervous  system or to a muscular mechanism. (c) Any person who personally  inflicts great bodily injury on a person who is 70 years of age or older, other  than an accomplice, in the commission of a felony or attempted felony shall be  punished by an additional and consecutive term of imprisonment in the state  prison for five years. (d) Any person who personally  inflicts great bodily injury on a child under the age of five years in the  commission of a felony or attempted felony shall be punished by an additional  and consecutive term of imprisonment in the state prison for four, five, or six  years. (e) Any person who personally  inflicts great bodily injury under circumstances involving domestic violence in  the commission of a felony or attempted felony shall be punished by an  additional and consecutive term of imprisonment in the state prison for three,  four, or five years. As used in this subdivision, “domestic violence” has the  meaning provided in subdivision (b) of Section 13700. (f)  As used in this section, “great bodily injury” means a significant or  substantial physical injury. (g)  This section shall not apply to murder or manslaughter or a violation of  Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction  of great bodily injury is an element of the offense. (h)  The court shall impose the additional terms of imprisonment under either  subdivision (a), (b), (c), or (d), but may not impose more than one of those  terms for the same offense.”)

¹³ California Vehicle Code 23558 — Causing bodily  injury or death to more than one victim while driving in violation of specified  sections; felony convictions; enhancement of punishment. (“A person who proximately causes  bodily injury or death to more than one victim in any one instance of driving  in violation of [California Vehicle Code] Section 23153 [DUI with injury] of  this code or in violation of Section 191.5 of, or subdivision (a) of Section  192.5 of, the Penal Code, shall, upon a felony conviction, and notwithstanding  subdivision (g) of Section 1170.1 of the Penal Code, receive an enhancement of  one year in the state prison for each additional injured victim. The enhanced  sentence provided for in this section shall not be imposed unless the fact of  the bodily injury to each additional victim is charged in the accusatory  pleading and admitted or found to be true by the trier of fact. The maximum  number of one year enhancements that may be imposed pursuant to this section is  three. Notwithstanding any other provision  of law, the court may strike the enhancements provided in this section if it  determines that there are circumstances in mitigation of the additional  punishment and states on the record its reasons for striking the additional  punishment.”)

¹⁴ California  Penal Code 1192.7. (“(c) As used in this section,  “serious felony” means any of the following: (8) any felony in which the  defendant personally inflicts great bodily injury on any person, other than an  accomplice, or any felony in which the defendant personally uses a firearm…” This is applicable to Vehicle Code 23153 VC  DUI causing injury.) See also California Penal Code 667 — Habitual criminals;  enhancement of sentence; amendment of section (otherwise known as California’s Three  Strikes Law). (“(b) It is the intent of the Legislature in enacting  subdivisions (b) to (i), inclusive, to ensure longer prison sentences and  greater punishment for those who commit a felony and have been previously  convicted of serious and/or violent felony offenses [such as California DUI  causing great bodily injury].”)

¹⁵ San Diego DUI Attorney William Daley has successfully handled Felony DUI with serious injury and/or child endangerment allegations.

¹⁶ California Penal Code 191.5 vehicle manslaughter  while intoxicated — negligent vehicular manslaughter while driving. (“(b) Vehicular manslaughter while  intoxicated is the unlawful killing of a human being without malice  forethought, in the driving of a vehicle, where the driving was in violation  of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was  either the proximate result of the commission of an unlawful act, not amounting  to a felony, but without gross negligence, or the proximate result of the  commission of a lawful act that might produce death, in an unlawful manner, but  without gross negligence.”)

¹⁷ See same.  (“(a) Gross vehicular manslaughter while intoxicated is the unlawful killing  of a human being without malice forethought, in the driving of a vehicle,  where the driving was in violation of Section 23140, 23152, or 23153[California  DUI causing injury] of the Vehicle Code, and the killing was either the  proximate result of the commission of an unlawful act, not amounting to a  felony, and with gross negligence, or the proximate result of the commission of  a lawful act that might produce death, in an unlawful manner, and with gross  negligence.”)

¹⁸ California Vehicle Code 20001 VC felony hit and run  involving injury or death. (“Duty to stop at scene of  injury accident; penalties. (“(a) The driver of a vehicle involved  in an accident resulting in injury to a person, other than himself or herself,  or in the death of a person shall immediately stop the vehicle at the scene of  the accident and shall fulfill the requirements of [California Vehicle Code]  Sections 20003 and 20004.”)

¹⁹ California Penal Code 273a child endangerment. (“(a) Any person who, under circumstances or  conditions likely to produce great bodily harm or death [such as driving under  the influence in violation of California Penal Code 23153], willfully causes or  permits any child to suffer, or inflicts thereon unjustifiable physical pain or  mental suffering, or having the care or custody of any child, willfully causes  or permits the person or health of that child to be injured, or willfully  causes or permits that child to be placed in a situation where his or her  person or health is endangered, shall be punished by imprisonment in a county  jail not exceeding one year, or in the state prison for two, four, or six  years.”)

²⁰ See  same.