VC §23152 · Every DUI Variant
Types of DUI in California
Not All DUIs Are Equal
Misdemeanor. Felony. Drugs. Commercial. Underage. Injury.
Daniel S. RubinDUI Defense Attorney
01 — Quick Facts
California DUI Variants — At a Glance
02 — Standard DUI (§23152)
The Two Basic Theories
A misdemeanor DUI is charged under two theories that the prosecutor typically pleads together:
- §23152(a) — Impairment. Driving under the influence such that you cannot operate a vehicle with the caution of a sober person. No specific BAC required.
- §23152(b) — 0.08% Per Se. Driving with a BAC of 0.08% or higher. Impairment is presumed by statute.
Winning §23152(b) requires attacking the chemical result. Winning §23152(a) requires undermining every impairment observation — driving pattern, FSTs, speech, behavior on video.
03 — Felony DUI
When a DUI Becomes a Felony
4th DUI in 10 Years
VC §23550 — automatic felony designation with state-prison exposure of 16 months to 3 years.
Prior Felony DUI
VC §23550.5 — any current DUI within 10 years of a prior felony DUI is charged as a felony.
DUI Causing Injury
VC §23153 — wobbler. Great-bodily-injury enhancements under PC §12022.7 add years to prison exposure.
Vehicular Manslaughter
PC §191.5 — DUI causing death charged as gross vehicular manslaughter (2/4/6 or 4/6/10 years) or Watson murder (§187) with implied malice.
04 — Special Categories
Non-Standard DUI Charges
Underage DUI (§23140)
0.01% BAC threshold for drivers under 21. Civil infraction with 1-year license suspension.
Commercial DUI (§23152(d))
0.04% BAC for CDL holders. Even off-duty violations trigger 1-year CDL disqualification.
Rideshare / Livery (§23152(e))
0.04% BAC when carrying paying passengers — Uber, Lyft, taxi, limo.
DUI of Drugs (§23152(f))
Marijuana, prescription medication, or illegal drugs. No per-se limit — prosecution must prove impairment.
Combined DUI (§23152(g))
Combined influence of alcohol AND drugs — regardless of individual thresholds.
DUI With Injury (§23153)
Wobbler. Requires causation between impairment and injury.
05 — Charge Reductions
Lesser Included Offenses
Wet Reckless (§23103.5)
Most common first-offense reduction. Keeps a priorable DUI record for 10 years but avoids mandatory license suspension and 3+ months of program.
Dry Reckless (§23103)
Not priorable as a DUI. Preferred outcome — usually reserved for cases with genuine chemical-test problems.
Exhibition of Speed (§23109)
Aggressive reduction in cases involving speed but weak alcohol proof.
Reckless Driving (§23103)
Non-DUI moving violation — 2 DMV points, no priorability as DUI.
Traffic Infraction
In rare cases with severe chemical-test defects, we reduce all the way to a moving violation.
Dismissal on Suppression
Successful PC §1538.5 motions eliminate the stop and downstream evidence — case dismissed pretrial.
06 — Comparison Chart
DUI Variant Comparison
| Variant | Code | BAC | Classification | Max Custody |
|---|---|---|---|---|
| 1st Offense | §23152(a)/(b) | 0.08% | Misdemeanor | 6 mo jail |
| 2nd Offense | §23152 + §23540 | 0.08% | Misdemeanor | 1 yr jail |
| 3rd Offense | §23152 + §23546 | 0.08% | Misdemeanor | 1 yr jail |
| 4th Offense / Felony DUI | §23550 | 0.08% | Felony | 3 yr prison |
| DUI Drugs | §23152(f) | n/a | Misdemeanor | 6 mo jail |
| DUI with Injury | §23153 | 0.08% | Wobbler | 3 yr prison |
| Gross Vehicular Manslaughter | PC §191.5 | n/a | Felony | 10 yr prison |
| Watson Murder | PC §187 | n/a | Felony | 15-life |
07 — FAQs
Types of DUI Questions — Los Angeles
What's the difference between §23152(a) and §23152(b)?
§23152(a) is the impairment theory — DUI regardless of BAC. §23152(b) is the per-se theory — 0.08% BAC or higher. Prosecutors typically charge both, and juries convict on either. Winning requires defeating both theories, not just one.
How does a DUI become a felony?
Three primary triggers: (1) fourth DUI within 10 years under VC §23550; (2) any DUI within 10 years of a prior felony DUI under §23550.5; or (3) DUI causing injury under §23153, which is a wobbler chargeable as either misdemeanor or felony depending on the injury severity and the defendant's record.
Is DUI of prescription drugs a real charge?
Yes. VC §23152(f) prosecutes DUI of any drug — including lawful prescription medications like Ambien, Xanax, and opioids. Unlike alcohol, there is no per-se numerical limit; the prosecution must prove impairment. Toxicology reports showing therapeutic levels without impairment observations are frequently defeated.
What's a wet reckless vs. a dry reckless?
Wet reckless (VC §23103.5) is a lesser DUI that remains 'priorable' as a DUI for enhancement purposes for 10 years. Dry reckless (VC §23103) is a non-alcohol-related reckless charge with no DUI priorability. Both are misdemeanors — dry reckless is the far better disposition.
Can Uber and Lyft drivers be charged at a lower BAC?
Yes. VC §23152(e) prosecutes DUI for drivers carrying passengers for hire (rideshare, taxi, limo) at 0.04% BAC — half the general threshold. This includes any active TNC status, even without a passenger in the vehicle at the moment.
What happens if a DUI causes injury?
It's charged under VC §23153 as a wobbler. Great-bodily-injury enhancements under PC §12022.7 add 3-6 years per victim on top of the base term. Rubin Law's causation and Title 17 challenges are especially important — undermining the DUI theory undermines the enhancement.
Is underage DUI a criminal charge?
Standalone VC §23140 (0.01% BAC for under-21 drivers) is a civil infraction, but it does trigger a 1-year DMV license suspension. Underage drivers can also be charged with standard §23152 DUI if their BAC meets the adult threshold, and with §23136 zero-tolerance for any measurable BAC.
Can a first offense be reduced to something other than wet reckless?
Yes — with sufficiently strong defense evidence, we regularly negotiate dry reckless (no DUI priority), exhibition of speed, or even traffic infraction dispositions. The best reductions come from suppression leverage, Title 17 problems, or independent expert BAC challenges. The right offer is the one your case earns — not the DA's default.