Driving Under the Influence (DUI) - California Vehicle Code § 23152

California Vehicle Code 23152 – Driving Under the Influence (DUI)


Overview


Vehicle Code 23152 makes it illegal to drive under the influence of alcohol, drugs, or both. DUI charges are among the most common criminal offenses in California—but every case is different.


Whether it’s your first DUI or a repeat offense, the consequences can be life-altering: jail time, license suspension, fines, and skyrocketing insurance. At Jones Trial Attorneys, we challenge everything—from the traffic stop to the breath test—to protect your license, freedom, and future.




Legal Definition


VC § 23152 contains multiple subsections:

VC 23152(a) – Driving under the influence of alcohol

VC 23152(b) – Driving with a BAC of 0.08% or more

VC 23152(f) – Driving under the influence of drugs (DUID)

VC 23152(g) – Driving under the combined influence of alcohol and drugs


You can be charged under more than one subsection at the same time.




Elements of the Crime


To convict someone of DUI under VC 23152(a) or (b), the prosecution must prove:

1. You drove a motor vehicle;

2. While under the influence of alcohol and/or drugs; and

3. Your BAC was 0.08% or higher (for VC 23152(b)) at the time of driving.


For drug DUIs under VC 23152(f), the state must show impairment, not a specific quantity.




Penalties for DUI


First Offense Misdemeanor DUI

• 3 to 5 years informal probation

• Up to 6 months in county jail

• Fine and penalty assessments totaling ~$2,000

• 3 to 9 month DUI school

• License suspension (with possible restricted license)


Aggravating factors (accident, BAC > 0.15, refusal) can increase penalties.


Repeat Offenses or Felony DUI

• Up to 1 year in jail (2nd or 3rd offenses)

• 16 months, 2 or 3 years in prison for felony DUI

• Felony DUI applies if there are 3+ priors, injury, or a prior felony DUI




Defenses to DUI Charges


We evaluate every angle—from procedural issues to scientific reliability. Common defenses include:


Unlawful stop – No probable cause to pull you over

Faulty breathalyzer – Improper calibration or maintenance

Rising BAC – Alcohol level was under 0.08% while driving, rose later

Medical conditions – GERD, diabetes, or other issues mimicking intoxication

Inaccurate field sobriety tests – Unreliable indicators of impairment


We often secure reduced charges (e.g., wet reckless) or even case dismissals when law enforcement errors are exposed.




Immigration and Employment Consequences


While a simple DUI usually isn’t a deportable offense, complications arise if:

• It’s tied to drugs (23152(f) or (g))

• It involves injuries or aggravating factors

• You hold a visa or are applying for legal status


DUI convictions can also impact:

Commercial driver’s licenses

Government and security-related employment

Professional licensing


We tailor your defense to protect both your legal status and career.




Related Offenses


• VC 14601 – Driving on a Suspended License

Often charged alongside DUI


• VC 23153 – DUI Causing Injury

Felony DUI with injuries to others


VC 23247 – Refusing a Chemical Test

Refusal enhancements after arrest




How Jones Trial Attorneys Can Help


DUI charges are technical—and we know where to look for holes in the case. We work with toxicologists, investigators, and expert witnesses to challenge the evidence and protect your driving record.


Whether your case calls for negotiation or trial, we build the strongest defense possible.


💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience




Talk to a DUI Defense Attorney Today


Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.

Schedule a Free Consultation Now

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FREQUENTLY DEFENDED CHARGES

PC69-Resisting an Executive Officer

PC148-Resisting Arrest

PC187-Murder

PC187-Watson Murder

PC189-Felony Murder

PC664/187-Attempted Murder

PC191.5-Gross Vehicular Manslaughter While Intoxicated

PC192-Manslaughter

PC192(a)-Voluntary Manslaughter

PC192(b)-Involuntary Manslaughter

PC192(c)-Gross Vehicular Manslaughter

PC211-Robbery

PC215-Carjacking

PC240-Assault

PC242-Battery

PC243(b/c)-Battery on a Peace Officer

PC243(d)-Battery Causing Serious Injury

PC243(e)(1)-Domestic Battery

PC245(a)(1)-Assault with a Deadly Weapon

PC245(a)(4)-Assault with Force Likely to Cause Great Bodily Injury

PC246-Shooting at an Inhabited Dwelling or Vehicle

PC246.3-Negligent Discharge of a Firearm

PC261-Rape

PC261.5-Statutory Rape

PC273a-Child Endangerment

PC273.5-Corporal Injury to Spouse

PC417-Brandishing a Weapon

PC422-Criminal Threats

PC451-Arson

PC459-Burglary

PC459.5-Shoplifting

PC470-Forgery

PC484(e)-Credit Card Fraud

PC487-Grand Theft

PC487d1-Grand Theft Auto

PC488-Petty Theft

PC496-Receiving Stolen Property

PC503-Embezzlement

PC530.5-Identity Theft

PC594-Vandalism

PC602-Trespass

PC646(f)-Public Intoxication

PC646.9-Stalking

PC25400-Carrying a Concealed Firearm

PC26100-Drive-By Shooting

PC29800-Felon in Possession of a Firearm

PC30305-Possession of Ammunition by a Prohibited Person

VC10851-Joyriding

VC14601-Driving on a Suspended License

VC20002-Hit and Run

VC23103-Reckless Driving

VC23103.5-Wet Reckless

VC23152-Driving Under the Influence (DUI)

VC23153-DUI Causing Injury

HS11350-Possession of a Controlled Substance

HS11350-Possession of Fentanyl

HS11351-Possession for Sale

HS11352-Drug Transportation and Sales

HS11364-Possession of Drug Paraphernalia

HS11370.1-Possession of Drugs while Armed

HS11377-Possession of Methamphetamine

Firearm Enhancement

Gang Enhancement

Great Bodily Injury Enhancement

Strike Offenses

Wobbler Offenses

Common Aggravating Factors