VC 23152 Explained: California DUI Law

California Vehicle Code section 23152 is the state's basic driving under the influence (DUI) law. It makes it unlawful to drive a vehicle while under the influence of alcohol, a drug, or both, to drive with a blood alcohol level at or above the limits it sets, or to drive while addicted to a drug.

This page covers each subdivision of section 23152 as published on the California Legislature's official site, what the prosecution has to prove under the state's jury instructions, and the penalties set by the separate sections that punish a 23152 violation. It covers California state law only.

Information last verified against primary sources on October 20, 2026. This article has not yet been reviewed by a licensed lawyer.

What VC 23152 says

Section 23152 has seven subdivisions, (a) through (g). Each one is a separate way to violate the statute, and a case can be charged under more than one of them.

23152(a): under the influence of alcohol

"It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle."

This subdivision is about impairment. It does not set a number. What "under the influence" means is explained in the jury instruction covered below.

23152(b): 0.08 percent blood alcohol

"It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle."

Subdivision (b) is about the level, not impairment. It also says how the percentage is measured: it "is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath."

The subdivision adds a timing rule. If a chemical test performed "within three hours after the driving" shows 0.08 percent or more, it is "a rebuttable presumption" that the person was at 0.08 percent or more while driving. A rebuttable presumption can be challenged with other evidence.

23152(c): driving while addicted to a drug

"It is unlawful for a person who is addicted to the use of any drug to drive a vehicle."

The subdivision does not apply to a person participating in a narcotic treatment program approved under Article 3 (commencing with section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

23152(d): commercial motor vehicles at 0.04 percent

Subdivision (d) makes it unlawful to drive a commercial motor vehicle, as defined in Vehicle Code section 15210, with 0.04 percent or more alcohol in the blood. The same three-hour rebuttable presumption applies at the 0.04 percent level.

23152(e): passengers for hire at 0.04 percent

Since July 1, 2018, subdivision (e) has made it unlawful to drive a motor vehicle with 0.04 percent or more alcohol in the blood when a passenger for hire is in the vehicle. The statute defines the term:

"'passenger for hire' means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle."

The three-hour rebuttable presumption applies here too.

23152(f) and (g): drugs, and alcohol combined with drugs

Subdivision (f) makes it unlawful for "a person who is under the influence of any drug to drive a vehicle." Subdivision (g) covers a person "under the combined influence of any alcoholic beverage and drug."

The leginfo history note for section 23152 reads: "Amended by Stats. 2016, Ch. 765, Sec. 1. (AB 2687) Effective January 1, 2017." The text quoted here is the version published on the Legislature's site as of October 20, 2026.

What the prosecution has to prove

California's official jury instructions, published by the Judicial Council of California (CALCRIM, 2026 edition), have separate instructions for the different subdivisions.

CALCRIM No. 2110: under the influence (23152(a), (f), (g))

CALCRIM No. 2110, "Driving Under the Influence," tells the jury the prosecution must prove that:

1. The defendant drove a vehicle; and
2. When the defendant drove, the defendant was under the influence of an alcoholic beverage, a drug, or the combined influence of both.

The instruction defines the key phrase:

"A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances."

It also says the manner of driving "is not enough by itself" to establish whether a person was or was not under the influence, though it is a factor to consider with all the surrounding circumstances.

The instruction contains optional language a court gives when it fits the case. That includes a definition of "drug," a statement that a jury may, but is not required to, conclude a person was under the influence of alcohol if a test showed 0.08 percent or more at the time of the chemical analysis, and statements that "It is not a defense that the defendant was legally entitled to use the drug" and that it is not a defense that something else also impaired the defendant's ability to drive.

CALCRIM No. 2111: 0.08 percent (23152(b))

CALCRIM No. 2111, "Driving With 0.08 Percent Blood Alcohol," requires proof that:

1. The defendant drove a vehicle; and
2. When the defendant drove, the defendant's blood alcohol level was 0.08 percent or more by weight.

Its optional language tracks the statute's presumption: if a blood or breath sample taken within three hours of the driving showed 0.08 percent or more, the jury may, but is not required to, conclude the level was 0.08 percent or more at the time of the offense. Both instructions allow the jury to consider whether the person giving a test, or the agency maintaining the testing device, followed the regulations of the California Department of Public Health.

Subdivision (c) has its own instruction, CALCRIM No. 2112, "Driving While Addicted to a Drug." Its text is not quoted on this page.

Subdivision (e) has CALCRIM No. 2114, "Driving With 0.04 Percent Blood Alcohol With a Passenger for Hire," and prior-conviction allegations under sections 23550 and 23550.5 are covered by CALCRIM Nos. 2125 and 2126 (the second for a bifurcated trial). Their text is not quoted on this page.

Penalties under VC 23152

Section 23152 itself does not contain a punishment. Vehicle Code section 40000.15 provides that a violation of the sections it lists "shall constitute a misdemeanor, and not an infraction," and the list includes "Section 23152, relating to driving under the influence."

The punishments are in Article 2, "Penalties for a Violation of Section 23152," of Chapter 2 of Division 11.5 of the Vehicle Code ("Sentencing for Driving While Under the Influence"). The tier depends on prior convictions within 10 years.

In sections 23540, 23546, and 23550, the prior violations that count are separate violations of "Section 23103, as specified in Section 23103.5," or of section 23152 or 23153, "that resulted in" convictions. This page does not cover section 23103.5. The fines in the table are the ranges these sections state.

First offense: section 23536

Section 23536(a) punishes a first violation "by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000)."

Under 23536(b), the court must order any jail time to be served on days other than the person's regular workdays, and if 48 continuous hours would interfere with the work schedule, the person may serve it during normally scheduled time off.

First offense with probation: section 23538

When the court grants probation to a person punished under section 23536, section 23538(a)(1) requires, as a condition of probation, a fine of at least $390 and not more than $1,000. The court "may also impose" county jail of at least 48 hours and not more than six months.

Section 23538(b) also requires completion of a licensed driving-under-the-influence program in counties that have one:

• A first offender whose blood alcohol concentration was less than 0.20 percent is referred to a program of at least three months that consists of at least 30 hours of program activities.
• A first offender at 0.20 percent or more, or who refused to take a chemical test, is referred to a program of at least nine months that consists of at least 60 hours of program activities.

Under 23538(b)(3), the court must advise the person that the driving privilege will not be restored until the Department of Motor Vehicles receives proof of completing the program. Section 23538(c)(1) directs the court to revoke probation, except for good cause, for failing to enroll in, participate in, or complete the program. This page does not cover probation for the repeat-offense tiers.

Repeat offenses: sections 23540 and 23546

Section 23540(a) applies when the offense occurred within 10 years of one separate qualifying violation that resulted in a conviction: county jail "for not less than 90 days nor more than one year" and a fine of $390 to $1,000.

Section 23546(a) applies when the offense occurred within 10 years of two separate qualifying violations: county jail "for not less than 120 days nor more than one year" and the same fine range. Under 23546(b), the person is designated a habitual traffic offender for three years after the conviction.

When a 23152 case can be a felony: sections 23550 and 23550.5

Section 23550(a) applies when the offense occurred within 10 years of three or more separate qualifying violations. The punishment is "imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year," plus a fine of $390 to $1,000. Section 23550 does not state the length of a term under section 1170(h). Penal Code section 1170(h)(1) supplies one where the offense does not:

"Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years."

Paragraph (3) of section 1170(h) requires that an executed sentence under that subdivision be served in state prison instead when the defendant has a prior or current serious felony conviction (section 1192.7(c)) or violent felony conviction (section 667.5(c)), has a prior out-of-state felony with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under section 186.11.

Section 23550.5(a) applies to a conviction under section 23152 or 23153 when the offense occurred within 10 years of any of the following:

• A separate violation of section 23152 punished as a felony under section 23550 or 23550.5, or under former section 23175 or 23175.5.
• A separate violation of section 23153 punished as a felony.
• A separate violation of Penal Code section 192(c)(1) punished as a felony.

Section 23550.5(b) applies to a person who, "having previously been convicted" of a violation of Penal Code section 191.5(a), a felony violation of section 191.5(b), or a violation of section 192.5(a), is later convicted under section 23152 or 23153.

Both subdivisions set punishment by "imprisonment in the state prison or confinement in a county jail for not more than one year" and a fine of $390 to $1,000. Section 23550.5 does not state a prison term. The Penal Code's general rule, in section 18(a), is that "every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison," except where a different punishment is prescribed by law or the offense is punishable under section 1170(h).

Because sections 23550 and 23550.5 allow either a felony sentence or county jail, those offenses can end up as felonies or misdemeanors. Penal Code section 17(b) lists the circumstances in which an either-way offense "is a misdemeanor for all purposes," such as when the court grants probation and declares the offense a misdemeanor. Section 23550(b) and section 23550.5(d) also designate the person a habitual traffic offender for three years after the conviction.

Blood alcohol of 0.15 percent or more, or a test refusal: section 23578

Section 23578 applies to convictions under section 23152 or 23153. It directs the court to consider "a concentration of alcohol in the person's blood of 0.15 percent or more, by weight, or the refusal of the person to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing," in deciding whether to grant probation, and in setting additional or enhanced probation terms.

The driver's license

Each penalty section also addresses the driving privilege. Under 23536(c) and 23538(a)(2), the Department of Motor Vehicles suspends the privilege after a first conviction under section 13352(a)(1) or section 13352.1. Section 23540(a) points to a suspension under section 13352(a)(3), section 23546(a) to a revocation under 13352(a)(5), and sections 23550(a) and 23550.5(c) to a revocation under 13352(a)(7). For a conviction punishable under section 23550.5, subdivision (c) points instead to 13352(a)(6) when that paragraph also applies. In each case, the court must require the person to surrender the license to the court under section 13550.

The length of each suspension or revocation is set in section 13352, which this page does not quote. Under 23536(d) and 23540(b), the court may disallow a restricted license if it finds the person would present a traffic safety or public safety risk.

Related sections

• Vehicle Code section 40000.15. Classifies a 23152 violation as a misdemeanor, not an infraction. Official text.
• Vehicle Code sections 23536, 23538, 23540, 23546, 23550, and 23550.5. The penalty tiers summarized above. Official text: 23536, 23538, 23540, 23546, 23550, 23550.5.
• Vehicle Code section 23578. The 0.15 percent and test-refusal sentencing factor. Official text.
• Vehicle Code section 23153. A separate section that the penalty sections name alongside 23152. This page does not cover it. Official text.
• Vehicle Code section 23103 (reckless driving). A reckless driving conviction "as specified in Section 23103.5" counts as a prior under the repeat-offense sections. See our VC 23103 explainer.
• Vehicle Code section 14601.2. Makes it unlawful to drive while the driving privilege is suspended or revoked for a conviction under section 23152 or 23153, if the driver knows of the suspension or revocation. Driving on a license suspended for other reasons is covered in our VC 14601.1 explainer. Official text of 14601.2.
• Penal Code sections 17, 18, and 1170. The felony and misdemeanor rules quoted above. Official text: 17, 18, 1170.

For how California sorts crimes into felonies, misdemeanors, and infractions generally, see California felony and misdemeanor classes. Other statute explainers are collected in our statutes library.

What happens after an arrest for VC 23152

A "23152" or "23152(a)" on a jail roster or booking sheet is the arresting agency's charge. The prosecutor reviews the case and decides whether to file a DUI charge, under which subdivisions, at which penalty tier, or to file nothing. The arraignment is the first court appearance, where the filed charges are read.

Our California charge code lookup translates other booking codes, and What Happens After You Get Arrested walks through the steps from booking to arraignment. For a broader overview of California's DUI rules in one place, see California DUI laws.

Disclaimer

This page explains what California Vehicle Code section 23152 and the related penalty sections quoted here say, as published on official state sources and checked on October 20, 2026. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship. The penalty that applies in a DUI case depends on the subdivision charged, prior convictions, and other facts, so anyone facing a 23152 charge should speak with a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

Is VC 23152 a felony in California?

A violation of section 23152 is a misdemeanor under Vehicle Code 40000.15 in most cases. Two penalty sections allow a felony sentence: section 23550, when the offense occurred within 10 years of three or more separate qualifying convictions, and section 23550.5, when it occurred within 10 years of certain felony convictions listed in 23550.5(a), or follows certain prior convictions under Penal Code 191.5 or 192.5 listed in 23550.5(b).

What is the penalty for a first DUI under 23152?

Section 23536(a) sets county jail of not less than 96 hours, at least 48 of them continuous, and not more than six months, plus a fine of $390 to $1,000. If the court grants probation, section 23538 requires a fine of $390 to $1,000 as a condition and allows 48 hours to six months in county jail. Section 23536(c) also provides for suspension of the driving privilege by the Department of Motor Vehicles under section 13352(a)(1) or 13352.1.

What is the difference between 23152(a) and 23152(b)?

Subdivision (a) covers driving while under the influence of an alcoholic beverage, meaning impaired to the point described in CALCRIM No. 2110. Subdivision (b) covers driving with a blood alcohol level of 0.08 percent or more, whether or not the driver was impaired. Each is a separate way of violating the statute.

Can someone be charged under 23152 for drugs instead of alcohol?

Yes. Subdivision (f) covers driving under the influence of any drug, and subdivision (g) covers the combined influence of alcohol and a drug. The CALCRIM No. 2110 instruction includes optional language that it is not a defense that the defendant was legally entitled to use the drug.

What is the legal limit for commercial drivers in California?

Section 23152(d) makes it unlawful to drive a commercial motor vehicle, as defined in Vehicle Code 15210, with a blood alcohol level of 0.04 percent or more. Section 23152(e) applies the same 0.04 percent level to driving a motor vehicle with a passenger for hire.

How far back do prior DUI convictions count under 23152?

The repeat-offense sections 23540, 23546, and 23550 each apply when the new offense occurred within 10 years of the separate prior violations they describe, which can be violations of section 23152 or 23153, or of section 23103 as specified in section 23103.5, that resulted in convictions.

Does a high blood alcohol level change the sentence?

Vehicle Code 23578 tells the court to consider a blood alcohol concentration of 0.15 percent or more, or a refusal to take a breath or urine test, as a special factor that may justify enhancing the penalties, and in deciding on probation and its terms. Under section 23538(b), a first offender at 0.20 percent or more, or who refused a chemical test, is referred to a longer DUI program than one under 0.20 percent.