All Laws Decoded

Vehicular Assault Laws in California

How California law treats vehicular assault: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: California does not use the name 'vehicular assault'; injuring someone while driving under the influence is 'DUI causing injury.' It applies when a driver who is under the influence or at 0.08% BAC or more (0.04% in a commercial vehicle) breaks a traffic law or neglects a duty and that… Cal. Veh. Code 23153, 23554, 23560, 23105; Pen. Code 17, 18, 19, 1170(h)

Vehicular assaultCalifornia does not use the name 'vehicular assault'; injuring someone while driving under the influence is 'DUI causing injury.' It applies when a driver who is under the influence or at 0.08% BAC or more (0.04% in a commercial vehicle) breaks a traffic law or neglects a duty and that causes bodily injury to someone else. A first offense is punishable by state prison, or 90 days to 1 year in county jail, and a fine of $390 to $1,000, with a license suspension, so it can be charged as a misdemeanor or felony; a repeat within 10 years carries 120 days to 1 year in jail or state prison and $390 to $5,000. Reckless driving that causes listed injuries such as a concussion, broken bone or paralysis is punishable as a 1170(h) felony or by 30 days to 6 months in county jail.
First offense: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23554 ; repeat: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23560 ; reckless driving with injury: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23105 . A crash causing death is vehicular manslaughter (Pen. Code 191.5, 192), outside this field. Penalty background (Pen. Offenses punishable either in county jail up to 1 year or as a felony are 'wobblers' that can be charged as a misdemeanor or felony (Pen. Code 17(b)).

More California criminal law

FAQ

What is vehicular assault in California?
California does not use the name 'vehicular assault'; injuring someone while driving under the influence is 'DUI causing injury.' It applies when a driver who is under the influence or at 0.08% BAC or more (0.04% in a commercial vehicle) breaks a traffic law or neglects a duty and that causes bodily injury to someone else. A first offense is punishable by state prison, or 90 days to 1 year in county jail, and a fine of $390 to $1,000, with a license suspension, so it can be charged as a misdemeanor or felony; a repeat within 10 years carries 120 days to 1 year in jail or state prison and $390 to $5,000. Reckless driving that causes listed injuries such as a concussion, broken bone or paralysis is punishable as a 1170(h) felony or by 30 days to 6 months in county jail.
Can I get a court-appointed lawyer for vehicular assault in California?
California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'
How much does a lawyer for vehicular assault cost in California?
Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for vehicular assault in California?
How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.
Can a conviction for vehicular assault be removed from my record in California?
Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.