duistatelaws.com California Vehicle Code 23152: the DUI statute, subdivision by subdivision
Section 23152 is California’s DUI statute. It lists seven separate ways to commit the offense, from being under the influence of alcohol to 0.04 with a passenger for hire, and leaves the punishment to separate sections in Division 11.5. This page goes through both, in the code’s own order.
Key takeaways
- Section 23152 lists seven ways to commit the offense, (a) to (g): alcohol, 0.08, drug addiction, 0.04 commercial, 0.04 with a passenger for hire, drugs, and alcohol and drugs combined.
- A test of 0.08 or more within three hours after driving creates a rebuttable presumption under subdivision (b).
- First conviction: 96 hours to six months in county jail, at least 48 hours continuous, and a fine of $390 to $1,000 (section 23536).
- The penalty sections count priors within 10 years; a fourth can be punished by imprisonment under Penal Code section 1170(a) (section 23550).
- A third or later conviction carries a three-year habitual traffic offender designation (sections 23546 and 23550).
What section 23152 does
Section 23152 of the California Vehicle Code defines the offense of driving under the influence. It does not set a penalty itself; the punishment is in Division 11.5, Chapter 2 of the code — 23536 for a first conviction, 23540, 23546 and 23550 as prior convictions accumulate, and 23550.5 after a prior felony. Its companion, section 23153, is the version for a DUI that causes bodily injury to someone other than the driver.
The seven subdivisions, (a) to (g)
| Subdivision | What it prohibits | Number needed? |
|---|---|---|
| (a) | Driving a vehicle while under the influence of any alcoholic beverage | No |
| (b) | Driving with 0.08 percent or more, by weight, of alcohol in the blood | Yes |
| (c) | Driving while addicted to the use of any drug; not applicable to a person in an approved narcotic treatment program | No |
| (d) | Driving a commercial motor vehicle with 0.04 percent or more | Yes |
| (e) | From July 1, 2018, driving a motor vehicle with 0.04 percent or more while a passenger for hire is on board | Yes |
| (f) | Driving while under the influence of any drug | No |
| (g) | Driving while under the combined influence of any alcoholic beverage and drug | No |
How the number is measured
Subdivision (b) says that, for the article and for section 34501.16, percent by weight of alcohol in the blood is based on grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
The three-hour presumption
Three of the subdivisions carry a rebuttable presumption. Under (b), if a chemical test performed within three hours after driving shows 0.08 percent or more, it is presumed the person had 0.08 or more at the time of driving; (d) and (e) apply the same three-hour presumption to 0.04. The statute calls each presumption “rebuttable”.
The passenger-for-hire rule
Subdivision (e) defines a passenger for hire as a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether it flows directly or indirectly to the owner, operator, agent or anyone else with an interest in the vehicle. The 0.04 limit applies while such a passenger is in the vehicle at the time of the offense.
The penalty sections, in Division 11.5
Each penalty section sets a jail or imprisonment range and a fine of $390 to $1,000, and sends the license consequence to the Department of Motor Vehicles under section 13352 (or section 13352.1 for a first conviction). Priors are counted when the new offense occurred within ten years of separate violations of section 23152 or 23153, or of section 23103 as specified in section 23103.5, that resulted in convictions.
| Conviction | Section | Confinement | License |
|---|---|---|---|
| First | 23536 | 96 hours to 6 months in county jail, at least 48 hours continuous | Suspended under § 13352(a)(1) or 13352.1 |
| Second | 23540 | 90 days to 1 year in county jail | Suspended under § 13352(a)(3) |
| Third | 23546 | 120 days to 1 year in county jail | Revoked under § 13352(a)(5) |
| Fourth or more | 23550 | Imprisonment under Penal Code § 1170(a), or 180 days to 1 year in county jail | Revoked under § 13352(a)(7) |
| After a felony 23152, 23153 or Penal Code § 192 within 10 years, or any prior under PC § 191.5(a), felony § 191.5(b) or § 192.5(a) | 23550.5 | State prison, or up to 1 year in county jail | Revoked under § 13352(a)(7), or (a)(6) where it applies |
A first conviction, in more detail
Section 23536(b) tells the court to order the jail time served on days other than the person’s regular working days, and, if 48 continuous hours would interfere with the work schedule, to let the person serve it whenever they are normally off work; the court may decide that on the lawyer’s representation or the defendant’s affidavit or testimony. The court takes the person’s license under section 13550, and under subdivision (d) it may disallow the restricted license of section 13352.4 if it finds the person would be a traffic or public safety risk. Section 23540(b) gives the court the same power on a second conviction, for the restricted license of section 13352.5.
Habitual traffic offender
Sections 23546(b), 23550(b) and 23550.5(d) each designate a person convicted under them as a habitual traffic offender for three years after the conviction, and require that the person be advised of the designation under section 13350(b).
The prior-felony rule
Section 23550.5 applies when the new violation of 23152 or 23153 occurred within ten years of a separate 23152 violation punished as a felony, a 23153 violation punished as a felony, or a violation of Penal Code section 192 of the kind subdivision (a)(3) specifies that was punished as a felony. Subdivision (b) applies, with no ten-year limit stated, to anyone previously convicted under Penal Code section 191.5(a), of a felony under 191.5(b), or under 192.5(a).
Section 23153, the injury version
Section 23153(a) makes it unlawful, while under the influence of an alcoholic beverage, to drive and at the same time do an act forbidden by law, or neglect a duty imposed by law in driving, where that act or neglect proximately causes bodily injury to any person other than the driver. Section 23550.5 counts a 23153 violation punished as a felony as a prior for a later 23152.
Charged under this section in California?
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Common questions
What is VC 23152(a)?
California Vehicle Code section 23152(a) makes it unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. It needs no particular test result.
What is VC 23152(b)?
Driving with 0.08 percent or more, by weight, of alcohol in the blood, measured as grams per 100 milliliters of blood or per 210 liters of breath. A test of 0.08 or more within three hours after driving creates a rebuttable presumption that the level was 0.08 or more while driving.
What is the difference between 23152(f) and 23152(g)?
Subdivision (f) covers driving under the influence of any drug; subdivision (g) covers driving under the combined influence of an alcoholic beverage and a drug.
Is a first VC 23152 a misdemeanor?
Section 23536 punishes a first violation with 96 hours to six months in county jail, at least 48 hours of it continuous, and a fine of $390 to $1,000. The penalty sections read here do not themselves use the word misdemeanor; a fourth within ten years under section 23550 can be punished by imprisonment under Penal Code section 1170(a).
How far back does California count prior DUIs under 23152?
Ten years. Sections 23540, 23546 and 23550 apply when the new offense occurred within ten years of separate violations of section 23152 or 23153, or of section 23103 as specified in 23103.5, that resulted in convictions.
What is the 0.04 limit in VC 23152?
Two subdivisions use it: (d) for driving a commercial motor vehicle, and (e), from July 1, 2018, for driving a motor vehicle with a passenger for hire on board.
Related
- California DUI law — the penalty table, the DMV clock and the ten-year window
- How much is bail for a DUI — eleven county bail schedules for section 23152 and 23153
- Los Angeles · San Diego · Sacramento — where a case is heard
- A.R.S. 28-1381 — Arizona’s equivalent, paragraph by paragraph
Sources
- Cal. Veh. Code § 23152 — read in force 2026 — official text at the state portal
- Cal. Veh. Code § 23536 — read in force 2026 — official text at the state portal
- Cal. Veh. Code § 23540 — read in force 2026 — official text at the state portal
- Cal. Veh. Code § 23546 — read in force 2026 — official text at the state portal
- Cal. Veh. Code § 23550 — read in force 2026 — official text at the state portal
- Cal. Veh. Code § 23550.5 — read in force 2026 — official text at the state portal
- Cal. Veh. Code § 23153 — read in force 2026 — official text at the state portal
Statute text read on the california.public.law reproduction, which links the official leginfo text, on October 21, 2026. This page explains what the section says; it is not legal advice about any case.
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