California Vehicle Code 23153 makes causing harm to someone while driving drunk a crime.
Violators can face misdemeanor and felony charges. The code wouldn’t apply to every DUI accident. Prosecutors would need to prove that a driver was impaired, broke a law, and that it resulted in someone being hurt or killed.
CVC 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.
Holding DUI Drivers Liable for California Accidents
CVC 23152 makes it clear that it is illegal to drive under the influence of alcohol in California.
CVC 23153 forbids the same type of actions, but also links it to the negligence of ignoring other laws. It’s a duty to follow traffic codes and to show every driver on the road a “duty of care” that can add to a DUI charge in an accident.
For instance, a DUI suspect could also be shown to have failed to yield at an intersection, leading to expanded charges (perhaps reckless driving charges) and potentially more severe penalties.
Prosecutors would first need to establish that a driver was behind the wheel while intoxicated. There’s a Blood Alcohol Content (BAC) limit that varies for drivers in certain situations, but motorists can be found guilty of DUI, even when they aren’t over the limit.
A lawyer would seek to prove that a driver was impaired under these criteria:
- Alcohol impairment that affected the driver’s judgment, even without proof of a BAC of 0.08% or higher.
- A BAC of 0.08% or higher shown for a normal driver.
- A BAC of 0.04% or higher for someone driving a commercial motor vehicle, like a delivery truck.
- A BAC of 0.04% or higher while carrying a passenger for hire (such as an Uber driver).
If a suspect is under the influence of alcohol at any level, and it affects their actions, they can be found liable. Even when they are under .08%. Then, they can also be shown to have broken a traffic law while drunk and get charged under CVC 23153. If someone is hurt in a resulting accident, there’s the potential for a misdemeanor or felony punishment.
See: How getting struck by a drunk driver changes your injury claim.
Can Drivers Who Use Drugs Be Charged Under CVC 23153?
This finding is possible for drivers who use drugs as well. It also applies to those who are impaired by a combination of drugs and alcohol.
CVC 23153
(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.
The DUI Punishment Under CVC 23153
Under CVC 23554, a misdemeanor conviction under CVC 23153 can carry a sentence of 90 days to a year in county jail. A fine of $390 to $1,000 is also on the table, with expensive court fees tacked on. The violator’s license might also be suspended.
A felony can add jail time in a state prison.
This is more of a guideline, but the actual punishment can depend on several factors such as prior convictions, other charges involved, and sentencing conditions. The severity of injuries, or in tragic cases, a fatality, would also affect the length and cost of punishment.
When It’s Time to Contact a California Car Accident Attorney
If you are struck by a drunk driver and you are left with serious injuries, it’s wise to talk to a skilled California Car Accident Lawyer. A lawyer can make sure the blame stays with the right driver and often help you earn much more for recovery than you could on your own.
Maison Law demands that 100% of your medical bills get covered, the paychecks you’ve had to miss are restored, and that your pain and emotional trauma earn additional money on a settlement check.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims.
If you do need our help to earn more, you won’t pay anything right now. In fact, we aren’t paid unless we win your case for you. Even then, our fee doesn’t come out of your savings. The attorney’s fee comes out of the check the car insurance provider must write for you.