California Vehicle Code §23152(a) — DUI — Driving Under the Influence
Vehicle Code §23152(a) makes it unlawful to drive under the influence of any alcoholic beverage. Unlike the companion 'per se' statute §23152(b) — which prosecutes anyone driving with a 0.08% BAC or higher — subsection (a) prohibits impaired driving regardless of BAC. A first-offense misdemeanor carries up to 6 months in county jail, license suspension, and mandatory DUI school.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · DUI — Driving Under the Influence Cases in All LA County Courts
01 — Quick Facts
VC §23152(a) — DUI — Driving Under the Influence at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Vehicle Code §23152(a) — Driving Under the Influence |
| Code Type | Vehicle Code (VC) |
| Classification | Misdemeanor (1st, 2nd, 3rd offense within 10 years) |
| 1st Offense | Up to 6 months jail, $390–$1,000 fine, 3–5 yrs summary probation |
| 2nd Offense | 96 hrs–1 yr jail, 18-month DUI school, 2-year license suspension |
| 3rd Offense | 120 days–1 yr jail, 30-month DUI school, 3-year revocation |
| 4th Offense (10 yrs) | Wobbler — up to 3 years state prison |
| DMV Consequences | APS suspension separate from criminal case — 10-day hearing deadline |
| IID Required | Yes for all offenses (SB 1046) |
| Strike | No (except fatal DUI charged as Watson murder) |
| Immigration | Usually not deportable unless aggravated by injury or death |
| If Charged | Call (213) 723-2337 immediately — DMV deadline is 10 days |
01 — What Is VC §23152(a)?
What Is California Code §23152(a)?
VC §23152(a) Reads:
"It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle."
— California Vehicle Code §23152(a)
VC §23152(a) is California's 'impairment theory' DUI statute. It does not require a BAC of 0.08% or higher — it requires proof that the driver's physical or mental abilities were so impaired by alcohol that the driver could no longer drive with the caution of a sober person using ordinary care. Prosecutors typically charge §23152(a) and §23152(b) together, then dismiss one at plea.
The Two DUI Charges: (a) vs. (b)
§23152(a) is the impairment charge; §23152(b) is the per se BAC charge. Both are misdemeanors, both are almost always charged together, and both are punishable identically for a first offense.
VC §23152(a) — Impairment Theory
Proof of impairment based on driving pattern, field sobriety tests, statements, odor, and observations — regardless of BAC. Available even if BAC is under 0.08%.
VC §23152(b) — Per Se Theory
Any BAC of 0.08% or higher within three hours of driving is per se a violation — no proof of actual impairment required. Chemical test result is the case.
Why This Law Matters
A DUI conviction is more than a criminal case — it triggers a parallel DMV Administrative Per Se (APS) proceeding with a 10-day filing deadline, mandatory Ignition Interlock Device installation, DUI school, probation, and dramatic insurance rate increases. Priors 'stack' for 10 years, so a second offense within that window brings mandatory jail time. Los Angeles DUI defense requires simultaneous management of criminal and administrative fronts.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under VC §23152(a)
To convict a defendant under VC §23152(a), the prosecution must prove each of the following beyond a reasonable doubt.
You Drove a Vehicle
'Drove' requires volitional movement of the vehicle — sitting behind the wheel of a parked car with the engine off is generally insufficient. Even a slight movement, however, can satisfy this element.
You Were Under the Influence at the Time of Driving
Under the influence means the defendant's mental or physical abilities were impaired to an appreciable degree such that he could no longer drive as a sober person of ordinary prudence. Impairment is proved through driving pattern, FSTs, PAS, odor, statements, and BAC.
The Impairment Was Caused by an Alcoholic Beverage
The People must tie the impairment to alcohol (or under §23152(f)/(g), to drugs). Medical conditions, fatigue, or other explanations for observed impairment negate this element.
04 — Penalties
Penalties for VC §23152(a) DUI — Driving Under the Influence in California
California DUI sentencing follows a tiered structure based on prior convictions within a 10-year lookback window.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| 1st DUI | VC §23152(a) | Up to 6 months county jail | 3–5 yrs summary + 3-mo DUI school | No |
| 2nd DUI (within 10 yrs) | VC §23152(a) + §23540 | 96 hrs–1 yr jail | 3–5 yrs + 18-mo DUI school + IID | No |
| 3rd DUI (within 10 yrs) | VC §23152(a) + §23546 | 120 days–1 yr jail | 3–5 yrs + 30-mo DUI school + 3-yr revocation | No |
| 4th DUI (within 10 yrs) | VC §23550 | 16 mo, 2, or 3 yrs state prison | Discretionary | No |
| DUI Causing Injury | VC §23153 | Up to 4 years state prison | Discretionary | Yes if GBI |
Aggravators That Increase DUI Penalties
High BAC (0.15% or Higher)
VC §23578
Court must consider the high BAC as an aggravator — often triggers mandatory 9-month DUI school and IID even on first offense.
BAC 0.20% or Higher
VC §23538(b)(2)
Requires the 9-month enhanced first-offender program instead of the standard 3-month program.
Refusal to Take Chemical Test
VC §23577
Adds 48 hours to any 1st-offense jail sentence and triggers a 1-year hard license suspension with no restricted license option.
Speeding + Reckless Driving
VC §23582
Enhancement when the DUI is coupled with 20+ mph over the limit and reckless driving — adds mandatory 60 days in jail.
Passenger Under 14
VC §23572
Adds 48 hours (1st), 10 days (2nd), 30 days (3rd), or 90 days (4th) to any jail sentence.
DUI Causing Death — Watson Murder
PC §187
If the defendant has a prior DUI and causes a fatal crash, prosecutors can charge second-degree Watson murder — 15 years to life.
Collateral Consequences
- 6-month license suspension (APS) — separate from criminal case, requires request for hearing within 10 days
- Ignition Interlock Device installation for 6 months to 3 years (SB 1046 statewide requirement)
- SR-22 insurance filing for 3 years — dramatic premium increases
- Mandatory DUI school (3, 6, 9, 18, or 30 months depending on offense and BAC)
- Court fines, fees, and assessments typically exceeding $2,000 on a 1st offense
- Employment impact — commercial drivers face permanent CDL disqualification on a 2nd offense
- Immigration exposure — while typically not a CIMT, DUIs involving drugs, injury, or child endangerment can trigger removability
- Priors stack for 10 years — a 2nd DUI within that window triggers mandatory jail time
Sentencing References
05 — Defense Strategies
How Rubin Law Defends VC §23152(a) DUI — Driving Under the Influence Charges
Rubin Law, P.C. defends VC §23152(a) cases on every front — driving pattern, FST performance, PAS/breath machine calibration, blood-testing chain of custody, Miranda, and probable cause for the stop.
No Probable Cause for the Traffic Stop
Every DUI case begins with a traffic stop. If the officer lacked reasonable suspicion (a Vehicle Code violation) to initiate the stop, all subsequent evidence — FSTs, statements, chemical test — must be suppressed under PC §1538.5.
PC §1538.5 / 4th Amendment
Rising Blood Alcohol Curve
Because alcohol takes time to absorb, a defendant's BAC at the time of the chemical test can be significantly higher than at the time of driving. Expert toxicology testimony frequently establishes that the defendant was below 0.08% while driving.
People v. Beltran (2007)
Unreliable Field Sobriety Tests
NHTSA-standardized FSTs are only validated under specific conditions — level surface, appropriate lighting, no back or leg injuries, defendant not overweight or elderly. We cross-examine officers on protocol deviations that invalidate the tests.
NHTSA Protocol
Breath Test Machine Errors
Breathalyzers require regular calibration, accuracy checks, and 15-minute observation periods. We subpoena calibration and maintenance logs — errors, missed checks, or contamination frequently invalidate the reading.
Title 17 CCR §1219
Medical Explanations for Symptoms
GERD, acid reflux, diabetes (ketoacidosis produces false-positive BAC readings), allergies, and neurological conditions all mimic intoxication symptoms. We introduce medical evidence to explain the officer's observations.
Expert testimony
DMV Hearing / Administrative Per Se
The DMV APS hearing runs parallel to the criminal case with an independent 10-day request deadline. We defend the license — a set-aside stops the automatic 6-month suspension and preserves employment.
VC §13558 / DMV APS
Blood Chain of Custody / Retest
Blood samples can be split — we obtain and retest the sample through an independent lab. Chain-of-custody breaks or fermentation can produce falsely elevated results.
Title 17 CCR §1218
Constitutional Sources
07 — Court Process
How VC §23152(a) DUI — Driving Under the Influence Cases Move Through Los Angeles Courts
A California DUI is a two-front war: the criminal case in court, and the Administrative Per Se hearing at the DMV. Both start immediately.
- 1
Step 1 — Arrest & Booking
The arresting officer issues a pink DS-367 form serving as your 30-day temporary license and starting the 10-day DMV hearing clock. This is time-critical.
- 2
Step 2 — DMV Hearing Request (Day 1–10)
Within 10 days, we request an Administrative Per Se hearing to defend your driving privilege. A prompt request stays the 6-month suspension while the hearing is pending.
- 3
Step 3 — Criminal Arraignment
Charges are read and plea entered. We appear on your behalf under PC §977 when possible. We negotiate for reduced bail and non-custody terms.
- 4
Step 4 — Discovery & Pre-Trial Motions
We obtain police reports, in-car video, breath machine records, blood retest samples, and DMV records. Suppression, Trombetta, and Kelly-Frye motions are filed when applicable.
- 5
Step 5 — DMV Hearing
The APS hearing is conducted by a DMV hearing officer. We cross-examine the arresting officer's report, challenge probable cause, and dispute chemical test admissibility.
- 6
Step 6 — Plea, Trial, or Reduction
Most cases resolve through negotiated pleas to wet reckless (VC §23103.5), dry reckless, or exhibition of speed. When the defense is strong, we take the case to trial.
Los Angeles Courts That Handle VC §23152(a) DUI — Driving Under the Influence Cases
DUI cases in LA County are heard at the misdemeanor arraignment courts closest to the arrest location.
Van Nuys Courthouse East
Handles DUI arrests from the San Fernando Valley — a substantial share of LA County DUI cases.
Airport Courthouse
West LA and LAX-area DUIs.
Metropolitan Courthouse
Downtown LA DUI arraignments and trials.
Long Beach Courthouse
Long Beach, Signal Hill, and coastal South Bay DUIs.
Pasadena Courthouse
Pasadena, Arcadia, Monrovia — 210 freeway DUI corridor.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles DUI — Driving Under the Influence Defense Attorney
Daniel S. Rubin has defended clients charged with dui — driving under the influence and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under VC §23152(a) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | DUI — Driving Under the Influence Cases Throughout LA County
See our full DUI — Driving Under the Influence defense practice
09 — FAQs
VC §23152(a) DUI — Driving Under the Influence Questions — Los Angeles
What is the difference between VC §23152(a) and VC §23152(b)?
§23152(a) is the 'impairment theory' — the People must prove your ability to drive was impaired by alcohol, regardless of BAC. §23152(b) is the 'per se' charge — proof of a 0.08% or higher BAC within three hours of driving is enough, no impairment showing required. Prosecutors typically charge both together and dismiss one at plea.
How long do I have to request a DMV hearing after a DUI arrest?
10 calendar days from the date of arrest. Failing to request the hearing within 10 days results in an automatic 6-month license suspension starting 30 days after arrest. A timely request stays the suspension pending the hearing outcome. This is the most time-critical deadline in a DUI case.
Will I go to jail for a first-offense DUI in California?
First-offense DUIs under VC §23152(a) rarely result in actual jail time. The statute authorizes up to 6 months in county jail, but standard first-offense sentences are 3–5 years of summary probation, a 3-month DUI program, a $390–$1,000 fine, and a 6-month license suspension. Aggravators like high BAC, refusal, or a passenger under 14 can add jail exposure.
What is a 'wet reckless' and why is it a common DUI reduction?
A wet reckless (VC §23103.5) is a plea to reckless driving with alcohol involvement in the case. It is not technically a DUI but counts as a prior DUI for 10-year priorability. Wet reckless carries no mandatory jail, no automatic license suspension, and a shorter DUI school (12 weeks) — dramatically less severe than a straight DUI. It is the most valuable common reduction target.
Do I have to install an ignition interlock device (IID) after a DUI?
Yes. Since SB 1046 took effect statewide on January 1, 2019, all DUI offenders — including first-offense — are required to install an IID to obtain a restricted license. Term length varies: 6 months (1st), 1 year (2nd), 2 years (3rd), and 3 years (4th or DUI causing injury).
Can I refuse the breathalyzer at the roadside?
The PAS (preliminary alcohol screening) at the roadside is voluntary for drivers over 21 who are not on DUI probation. But once you are arrested, refusing to submit to the mandatory post-arrest breath or blood test triggers a 1-year hard suspension with no restricted-license option, plus additional jail time (VC §23577). We generally advise submitting to the chemical test.
How long does a DUI stay on my record in California?
A DUI conviction remains on your DMV record for 10 years and on your criminal record permanently unless expunged. The 10-year period is the 'priorability window' — a new DUI within that window is treated as a second offense with mandatory jail. Expungement under PC §1203.4 is available after successful probation but the DMV record cannot be expunged.
Can a DUI be expunged in California?
Yes. VC §23152(a) misdemeanor convictions can be expunged under PC §1203.4 after successful completion of probation. Expungement allows you to answer 'no' to most private employer background check questions, but the conviction remains for DMV, insurance, immigration, and law enforcement purposes.
Available 24/7 — Free Consultation
Arrested for DUI in Los Angeles?
Your DMV hearing deadline is 10 days. Rubin Law, P.C. defends criminal and DMV cases in parallel — call today for a free consultation.