You’re pulled over on a California highway. The officer asks if you’ve had anything to drink. You say yes, but only one. Moments later, the officer places you in handcuffs and charges you under Vehicle Code 23152. Whether this is your first arrest or you’ve been through this before, the fear, confusion, and uncertainty are real, and the law behind your charge can seem just as daunting.
This post breaks down California’s key DUI statutes to help you understand what you’re facing, what the law means, and how an attorney may be able to help you fight the charge.
Understanding Vehicle Code 23152
California Vehicle Code Section 23152 makes it a criminal offense to drive under the influence of alcohol, drugs, or a combination of both. The law is broken down into several subdivisions, each targeting different forms of impaired driving. The two most commonly charged are:
- Charge 23152(a)—driving under the influence of alcohol, regardless of blood alcohol content (BAC); and
- Charge 23152(b)—driving with a blood alcohol content (BAC) of 0.08% or higher.
Charges under Cal VC 23152(a) and 23152(b) can be filed together, meaning you could be charged twice for the same incident. However, since these laws are essentially two ways to describe the same DUI act. Therefore, you cannot be punished for both convictions.
Elements of a DUI Charge
To convict you under California DUI laws, the prosecution must prove:
- You were driving a vehicle; and
- You were under the influence of alcohol or drugs or both at the time of driving; or
- Your BAC was at or above the legal limit (typically 0.08%).
The phrase “under the influence” means your mental or physical abilities are impaired to the extent that you can no longer drive as a cautious, sober person would under similar circumstances.
What the Law Says and Means
When trying to understand your DUI, the penal code in California breaks down impaired driving into two distinct violations:
- Subdivision (a) makes it illegal to drive “under the influence of any alcoholic beverage,” and
- Subdivision (b) makes it unlawful to drive “with 0.08% or more, by weight, of alcohol in one’s blood.”
Therefore, even if your BAC is below 0.08%, you can still face charges under charge 23152(a) if your driving ability was impaired by alcohol or drugs.
California BAC Limits by Driver Type
The Golden State sets specific BAC thresholds depending on the driver:
- Adult drivers—0.08% BAC limit for most;
- Commercial license holders and rideshare drivers—0.04% BAC limit; and
- Drivers under 21 or on DUI probation—0.01% BAC limit.
The legal repercussions can be severe for breaking these strictly enforced limits.
DUI Penalties in California
A DUI conviction can lead to harsh consequences. Penalties vary depending on whether it’s a first, second, or subsequent offense. For a first-time DUI, you could face the following:
- Up to 6 months in jail;
- Fines of $390 to $1,000 plus penalty assessments;
- DUI school for 3 to 9 months;
- License suspension of 6 months; and
- Ignition interlock device (IID) installation.
Second or third offenses may involve longer jail terms, longer license suspensions, mandatory DUI programs, and permanent license revocation for multiple convictions. Felony DUI applies in cases involving injuries, prior felonies, or fourth offenses.
These penalties can seriously disrupt your career, education, and family life, making understanding the law and your rights critical.
Examples of DUI Scenarios
Understanding how DUI laws apply in real-world situations can help clarify what may seem like confusing legal jargon. Here are a few examples of how DUI charges might arise under different circumstances in California.
- A 26-year-old driver was stopped after swerving and blew 0.10% on a breath test. The prosecutor charged them under 23152(a) and 23152(b).
- The police stopped a commercial truck driver who tested at 0.05% BAC. Though below the general limit, they get charged for DUI due to their CDL status.
- A teenager with a provisional license tested at 0.02% BAC. Even though that’s well under 0.08%, the zero-tolerance rule for drivers under 21 triggers a DUI charge.
Each scenario highlights how state DUI laws are applied across different driving categories.
Possible DUI Defenses
Having a strong defense can result in dropped or reduced charges. Depending on your case, a DUI attorney might argue:
- Faulty breath or blood test—machines must be properly calibrated and administered;
- No probable cause—the officer lacked a valid reason to stop you, making all evidence gathered as a result of the stop subject to exclusion;
- Rising BAC—your alcohol level was legal while driving but increased afterward; and
- Medical conditions—certain conditions like GERD or diabetes can affect BAC results.
Every DUI case is different, so it’s critical to work with an attorney who can analyze police reports, lab results, and procedures.
Why Work with Our DUI Defense Team
Our firm has successfully represented drivers charged under VC 23152 throughout California for over 20 years. We know how DUI cases are handled from arrest to trial—and we use that knowledge to aggressively defend your rights. Our focused and strategic defense aims to secure the best results possible, whether you’re facing a first-time misdemeanor or a felony DUI charge.
Don’t Let a DUI Charge Define You
While the DMV and courts move quickly, so do we. A DUI can result in severe penalties, but a strong legal defense can significantly influence the outcome. Contact our team today and take the first step toward protecting your future.
FAQs
What Is the Difference Between Charge 23152(a) and Charge 23152(a)?
Subdivision (a) covers impairment regardless of BAC, while (b) applies when your BAC is at or above 0.08%.
Can I Be Charged Under 23152(a) and (b)?
Yes. Prosecutors often charge both, though you will not be sentenced on both if convicted.
Does a DUI Always Lead to License Suspension?
Not always. You have 10 days to request a DMV hearing, which can delay or prevent suspension.
How Long Does a DUI Stay on My Record in California?
DUI convictions usually remain on your driving record for 10 years and could affect future sentencing.
Can a DUI Be Expunged in California?
In many cases, yes. Expungement may be possible if you’ve completed probation and met all requirements.
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