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.