(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.
(b)It is unlawful for a 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, 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.
(d)It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood
to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to 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 a
prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
(e)Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to 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. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04
percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
(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.
Notes of Decisions
Cited in
631
cases (
261 in the last 5 years), 1984–2026 · leading case:
People v. Cady, 7 Cal. App. 5th 134 (Cal. Ct. App. 2016).
People v. Cady, 7 Cal. App. 5th 134 (Cal. Ct. App. 2016).
· cites it 12× “8); one count of driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)) (count 7); one count of driving with a blood-alcohol content of 0.”
People v. Millard, 175 Cal. App. 4th 7 (Cal. Ct. App. 2009).
· cites it 5× “Millard appeals a judgment following his jury conviction of driving under the influence while committing an act forbidden by law and causing bodily injury to another person (Veh. Code, § 23153, subd. (a)). He also appeals a postjudgment order awarding $386,164 in restitution to…”
State v. Barajas, 230 P.3d 784 (Kan. Ct. App. 2010).
· cites it 13× “He claims the district court erred in classifying his California conviction for driving under the influence (DUI) causing bodily injury, Cal. Vehicle Code § 23153 (b) (West 2000), as a person felony based on a determination that it was comparable to the Kansas offense of…”
People v. Weaver, 2007 Cal. Daily Op. Serv. 4313 (Cal. Ct. App. 2007).
· cites it 5× “(a)); (2) driving under the influence, causing injury (Veh. Code, § 23153, *1309 subd. (a)); (3) driving with a BAG of 0.”
People v. McFarland, 765 P.2d 493 (Cal. 1989).
· cites it 8× “5) [2] and two counts of causing bodily injury while driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)) (felony drunk driving).”
People v. Jennings, 5 Cal. Daily Op. Serv. 2901 (Cal. Ct. App. 2005).
· cites it 6× “Jennings's guilty plea and sentencing The San Diego County District Attorney filed an amended felony complaint charging Jennings with one count of driving under the influence of alcohol and causing injury (Veh.Code, § 23153, subd. (a)) and one count of driving with a…”
People v. Sanchez, 16 P.3d 118 (Cal. 2001).
· cites it 4× “(a)); (3) driving under the influence of alcohol, causing injury to Richard Conrad (Veh.Code, § 23153, subd. (a)); (4) driving with a blood-alcohol level in excess of .”
People v. Coronado, 906 P.2d 1232 (Cal. 1995).
· cites it 4× “, Veh. Code, § 23153) may also elevate a current offense to a felony under Vehicle Code section 23175, it is not necessarily or commonly the case that the qualifying felony conviction will have resulted in a state prison term.”
People v. Givan, 233 Cal. App. 4th 335 (Cal. Ct. App. 2015).
· cites it 6× “(a)), driving under the influence and causing bodily injury (count 2; Veh. Code, § 23153, subd. (a)), and driving with an excessive blood-alcohol level causing injury (count 3; Veh.”
People v. Elder, 11 Cal. App. 5th 123 (Cal. Ct. App. 2017).
· cites it 4× “(a)); driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)); and driving with a blood-alcohol concentration of 0.”
Kernan v. Cuero, 583 U.S. 1 (2017).
· cites it 2× “; see Cal. Veh. Code Ann. § 23153(a) (West 2017) (causing bodily injury while driving under the influence of a drug); Cal.”
People v. Alvarez, 244 Cal. Rptr. 3d 230 (Cal. Ct. App. 5th 2019).
· cites it 3× “(a), count 1), 2 driving under the influence causing great bodily injury to Jacob ( Veh. Code, § 23153, subd. (a), count 2), driving with blood alcohol level of 0.”
Cal. Vehicle Code § 23153(a): 9 cases
Kernan v. Cuero, 583 U.S. 1 (2017).
“; see Cal. Veh. Code Ann. § 23153(a) (West 2017) (causing bodily injury while driving under the influence of a drug); Cal.”
Cal. Vehicle Code § 23153(b): 15 cases
Cal. Vehicle Code § 23153(e): 1 case
Cal. Vehicle Code § 23153(f): 2 cases
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