Felony DUI Causing Injury in Ventura County (Vehicle Code 23153)

A DUI that injures someone else is one of the most serious cases in the DUI world, and one of the most misunderstood by the people facing it. If you were arrested for DUI causing injury in Ventura County, you are almost certainly frightened about one word: prison. Here is the most important thing to understand from the start: this charge is what the law calls a “wobbler,” meaning it can be filed as either a felony or a misdemeanor, and which way it goes is often something that can be fought over and changed. I have handled these cases in the Ventura County courts for 30 years, with more than 20,000 court appearances. Call me at 805-889-9000 for a free, confidential consultation. I answer my own phone, 24/7.

What Vehicle Code 23153 Actually Is

Vehicle Code 23153 makes it a crime to drive under the influence and, while doing so, commit some additional unlawful act or fail to perform a legal duty that causes bodily injury to another person. In plain terms, it is a DUI plus an injury to someone other than yourself. The injured person can be a passenger, a driver or passenger in another car, a pedestrian, or a cyclist. Because it is a wobbler, the stakes split sharply depending on how it is charged:

As a felony, VC 23153 can carry a state prison sentence, and if a victim suffers “great bodily injury,” sentencing enhancements can add years on top, along with a possible strike on your record.
As a misdemeanor, it is punishable by up to a year in county jail, with no prison exposure and no strike.

That difference, felony versus misdemeanor, is the whole ballgame. And it is where an experienced attorney earns their fee.

The Single Most Important Issue: The Extent of the Injuries

In the vast majority of these cases, apart from the question of whether the case can be dismissed outright, the critical concern is the extent of the injuries, because that is what drives whether the case stays a felony or can be reduced to a misdemeanor. My first and foremost goal is always to find a way to get the case reduced from a felony to a misdemeanor, and in most situations that turns on a careful assessment and analysis of the nature of the injuries. Here is the general rule of thumb I have seen play out over three decades in this courthouse:

Serious injuries tend to produce felonies. Broken bones, long hospital stays, ruptured organs, and similar significant harm generally result in felony treatment.
Minor injuries can often be reduced to a misdemeanor. If the injuries turn out to be minor, a sore neck, scrapes and bruises, that is exactly the kind of case that can frequently be brought down to a misdemeanor.

This is why, in a DUI with injury, the investigation into the actual medical reality of the injuries is so important. Medical records, the treatment actually received, the difference between a complaint of pain and a documented serious injury, all of it matters enormously. Getting the charge reduced is frequently won or lost on this analysis, and it is one of the first things I dig into.

How the Case Moves Through the Ventura County Courts

It helps to know what the road ahead actually looks like. Here is how these cases typically proceed, and what I am doing at each stage:

Arraignment (the first court date). I go to court with you at the arraignment, and we enter a plea of not guilty. This protects all of your rights and opens the case up so that the real work can begin. It does not mean we are heading to trial; it means we are not conceding anything before I have seen the evidence.
Setting the case out about a month. After arraignment, the case is set for an early disposition conference, which is essentially a settlement conference. I generally have it set out roughly a month, and that window is critical: it gives me the time to obtain all of the police reports and all of the medical records, and to make a real assessment of whether the case can be reduced from a felony to a misdemeanor. That assessment, built largely on the actual extent of the injuries, is the foundation of everything that follows.
The early disposition conference. When we return, this is where I have the opportunity to negotiate the case directly with the District Attorney. Armed with the reports, the medical records, and the analysis of the injuries, this is often where a felony can be brought down to a misdemeanor, or where a favorable resolution gets worked out.
The preliminary hearing. If the case cannot be settled at that conference, it moves to a preliminary hearing. This is an actual hearing to determine whether there is probable cause to proceed, and it is a genuine opportunity to test the prosecution’s evidence. Just as importantly, it is another chance to have the magistrate reduce the matter to a misdemeanor where that is appropriate.

At every one of these stages, the same goal drives the strategy: keep the case from becoming a felony conviction, protect you from custody, and reach the best realistic outcome the facts allow.

What Happens If It Stays a Felony: Prison, Probation, and Jail

Felony DUI causing injury can lead to state prison. But that is not the only outcome, and it is often not the most likely one with the right representation. On first offenses, I am generally able to obtain probation rather than prison. When the resolution is felony probation, it will typically carry a jail term with a minimum of 180 days and a maximum of one year in county jail. Two things are important to understand about that jail time:

You only serve a portion of the time imposed under standard custody credit rules.
You can always apply for electronic monitoring (home detention) as an alternative to serving the time in custody.

There is an important local reality to know here. In Ventura County, the Sheriff’s Department is often reluctant to grant electronic monitoring on a DUI involving injuries. It is genuinely a case-by-case analysis, and there are no guarantees, but it is something I pursue where it is realistic and appropriate. Knowing how the Sheriff’s Department approaches these requests, and how to position a case for the best chance, is part of what experience in this specific county provides.

How I Defend a DUI Causing Injury Case

These cases have more moving parts than a standard DUI, which actually creates more places to fight:

Push for a misdemeanor filing, early. Because the felony-versus-misdemeanor decision rests heavily on injury severity and your background, intervening before or early in the case to argue for misdemeanor treatment is often the single most valuable thing I do. The goal is to keep prison and a strike off the table entirely.
Scrutinize the injuries. As explained above, the real medical picture often determines everything. I examine whether the injuries genuinely rise to the level the prosecution claims.
Challenge the DUI itself. Everything that can be challenged in a regular DUI applies here too: the legality of the stop, the field sobriety and chemical testing, the accuracy of the blood or breath results, and whether you were actually impaired.
Challenge causation. The prosecution must prove that your driving, and an unlawful act or neglected duty, actually caused the injury. Where another driver was at fault, or the chain of causation is weak, that is a real defense.
Protect your license and your future. Alongside the criminal case, there is a DMV component and the 10-day deadline to act, plus the long-term consequences to your record, your job, and your insurance.

An Honest Word About These Cases

I will always be straight with you. A DUI with injury is serious, and I am not going to promise you an outcome I cannot deliver. But I will tell you this: the gap between the worst case (a felony, prison, a strike) and a realistic, well-fought outcome (a misdemeanor, probation, no custody or reduced custody) is enormous, and a great deal of that gap is determined by how the case is handled, especially early, and especially on the question of the injuries. That is precisely where 30 years in these courts makes a difference.

Arrested for DUI Causing Injury in Ventura County? Call Me Now.

The sooner an experienced attorney gets involved, the more can be done, particularly on pushing for a misdemeanor before the felony charge hardens. I grew up in Ventura County, I have practiced here for 30 years, and I am in the Ventura County courthouse nearly every day. Call me at 805-889-9000 for a free, confidential consultation. I answer my own phone, no secretary, no paralegal, no associate, I work on flat fees quoted up front, and I am available 24/7. Learn more about my approach to DUI defense, read about getting charges reduced, or see the full range of criminal cases I handle. Serving Ventura, Oxnard, Camarillo, Thousand Oaks, Simi Valley, and all of Ventura County. This page provides general information about California law and is not legal advice. For advice about your specific situation, please call for a consultation.