Citation: Vehicle Code §23152 | Jurisdiction: California (statewide)
Overview
Vehicle Code §23152 is California's primary DUI statute. It prohibits operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The statute includes multiple subsections covering different categories of drivers and substances.
Key Provisions
| Section | What It Means |
|---|
| §23152(a) | Unlawful to drive under the influence of alcohol — subjective impairment test |
| §23152(b) | Unlawful to drive with 0.08%+ BAC — per se violation (no proof of impairment needed) |
| §23152(c) | Unlawful to drive while addicted to any drug |
| §23152(d) | Commercial driver 0.04% BAC limit |
| §23152(e) | Ride-share driver 0.04% BAC limit while carrying passengers |
| §23152(f) | Unlawful to drive under the influence of any drug |
| §23152(g) | Unlawful to drive under combined influence of alcohol and drug |
Related California Statutes
- Vehicle Code §23153 (DUI with injury)
- Vehicle Code §23578 (Enhanced penalties for 0.15%+ BAC)
- Vehicle Code §13353 (Implied consent)
- Vehicle Code §23136 (Under 21 zero tolerance)
- Penal Code §191.5 (Vehicular manslaughter while intoxicated)
Frequently Asked Questions
What is the difference between §23152(a) and §23152(b)?
§23152(a) covers subjective impairment — you can be convicted if your driving was impaired by alcohol regardless of your BAC level. §23152(b) is a per se offense — if your BAC is 0.08% or above, you are guilty regardless of whether you were actually impaired. Prosecutors often charge both subsections simultaneously, allowing conviction under either theory.
Can I be convicted of DUI under §23152 with a BAC below 0.08%?
Yes, under §23152(a)'s subjective impairment standard. If a police officer and the prosecutor can show that your ability to drive was impaired by alcohol — even at a 0.06% or 0.07% BAC — you can be convicted. This is why the 'one drink' defense doesn't work if your driving behavior showed impairment.
What are the penalties for a first §23152 DUI conviction in San Diego?
First offense: fines $1,800–$18,000, 48 hours to 6 months jail (often community service), 3–5 years probation, 3-month DUI school (SB 1027), 6-month DMV suspension, mandatory IID in San Diego County. Second offense within 10 years: 96 hours to 1 year jail, 2-year suspension, 18–30 month DUI school.
Need a San Diego Attorney?
Connect with experienced California attorneys across San Diego County.
Find an Attorney