California DUI Laws

The basic premise of all California DUI laws is that you are forbidden from driving while under the influence of alcohol and/or drugs.  That said, there are numerous California DUI laws that relate to this premise, many of which are technical and complex.

In an effort to make these California DUI laws more understandable, our Los Angeles DUI defense lawyers will address the following topics:

Vehicle Code 23152a VC -- Driving Under the Influence
Vehicle Code 23152b VC-- Driving with a BAC of 0.08% or Greater (The "Per Se" Law)
Vehicle Code 23153 VC -- Driving Under the Influence Causing Injury
Vehicle Code 23612 VC -- Refusal to Submit to a Chemical Blood or Breath Test
The DMV and its Role in Enforcing California DUI Laws
Felony California DUI Laws
DUI Penalties
Underage DUI Laws
Out-of-State California DUI Laws
New 2009 DUI Laws

If you have additional questions after reading this article, we invite you to contact us.

California Vehicle Code 23152a VC -- Driving Under the Influence

Vehicle Code 23152(a) VC driving under the influence is the most basic of the California DUI laws.  Vehicle Code 23152(a) VC states that it is illegal to drive a car while under the influence of alcohol and/or any drugs.1

In the case of drugs, California DUI law applies to any type of intoxicating substances.  This means that prosecutors can charge you with driving under the influence of drugs, regardless of whether the drugs are illegal, prescription, or even over-the-counter.2

Driving "under the influence" for purposes of 23152 a VC means that "your mental and/or physical faculties are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person".3

This is the standard definition of "under the influence" whether prosecutors allege that you drove under the influence of alcohol or drove under the influence of drugs.  On that note, there is no requirement that the prosecution specify whether it is proceeding on a theory of drugs and/or alcohol...all the prosecution must do is prove that you were driving "under the influence" of some substance.

Vehicle Code 23152(a) is typically a misdemeanor...but can be charged as a felony if you are convicted of four or more DUIs within a ten-year period, or were previously convicted of a felony DUI for any reason.

California Vehicle Code 23152(b) VC-- Driving with a BAC of 0.08% or Greater (The "Per Se" Law)

Vehicle Code 23152(b) VC driving with a blood alcohol concentration (BAC) of 0.08% or greater is the other most well-known California DUI law.  This is because...when it is a DUI involving a breath/blood alcohol sample...these two crimes are usually charged together.

Vehicle Code 23152(b) prohibits driving with a BAC of 0.08% or greater.4 Otherwise known as the "per se law", 23152(b) VC presumes that if you drive with a BAC of 0.08% or greater, you are guilty of DUI.  A judge/jury can convict you of this offense even if you weren't technically "under the influence" so long as your BAC was above the legal limit.

Like California Vehicle Code 23152a, this violation is typically charged as a misdemeanor, unless you previously suffered a felony DUI or have four or more DUI convictions within a ten year period.

California Vehicle Code 23153 VC -- Driving Under the Influence Causing Injury

Vehicle Code 23153 DUI causing injury is charged whenever a serious injury results from a DUI.  Similar to Vehicle Code 23152 VC, this California DUI law has a subdivision (a) that deals with being under the influence and a subdivision (b) that deals with having a BAC at or above a 0.08%.5

Like 23152 VC, this offense is what's known as a "wobbler", which means it may be charged as a misdemeanor or a felony, depending on (1) the seriousness of the injuries, and (2) the level of recklessness in the driving, and (3) your criminal history.

Vehicle Code 23612 VC -- Refusal to Submit to a Chemical Blood or Breath Test

One California DUI law that is frequently charged as a penalty enhancement...though it may not be for long...is a refusal to submit to a chemical blood or breath test.

Several states currently permit their officers to take forced blood samples from those who try to refuse chemical tests, basically eradicating the concept of a refusal.  If the National Highway Traffic Safety Administration (the country's leading authority on DUIs) has its way, the rest of the nation will soon follow suit.

Currently, if you refuse to provide a breath or blood sample, you probably won't be charged with Vehicle Code sections 23152b or 23153b, both dealing with illegal BAC levels.  You can, however, still be charged with Vehicle Code 23152a and you can automatically lose your license for a minimum of one year.6

The DMV and its Role in Enforcing California DUI Laws

California DUI laws are not only enforced through the California Superior Court but through the California Department of Motor Vehicles as well.  While incarceration, fines, probation, and probation requirements are handled by the courts, driver's license suspensions and revocations are handled by the DMV.

When you refuse to submit to a chemical test, the DMV has the authority to suspend/revoke your driver's license.  This is because one of California's DUI laws is called the implied consent law.

"Implied consent" means that you are deemed to have given your consent to submit to a blood or breath test when you apply to receive a California driver's license.  Your willful refusal to take such a test subjects you to an automatic license suspension / revocation.

DMV administration per se hearings

When the DMV notifies you that it intends to take action against your driving privilege due to a DUI arrest, you are entitled to a DMV hearing.  You must request this hearing (known as a DMV administration per se hearing) within ten days of your drunk driving arrest.

The DMV will initiate this process for any DUI arrest, regardless of whether you took a chemical test.  The ultimate difference is that the DMV will not issue a restricted license to you if you refused the test.  A "restricted" license allows you to drive to/from work, school, and/or your alcohol program while your license is otherwise suspended.

If you either (1) fail to request a hearing within the allotted timeframe, or (2) lose your hearing, your license suspension automatically goes into effect.

Felony California DUI Laws

While most DUI offenses are charged as misdemeanors, there are certain times when the offense will rise to a felony.  You typically face prosecution under felony California DUI laws when:

  • you have a prior felony DUI conviction within a ten-year period7,
  • you suffer your fourth DUI or Vehicle Code 23103.5 wet reckless (or your third DUI causing an injury) conviction in a ten-year period8, or
  • your DUI causes serious injury or death to another9.

Although DUI cases that result in injury or death are generally charged as felonies, they could alternatively be filed as misdemeanors.  Whether you face a misdemeanor or a felony depends on (1) the extent of the injury/injuries, (2) your level of reckless driving, and (3) your DUI criminal history.

It should be noted that DUIs that result in death may be charged as

Similarly, multiple DUI convictions could also be charged as misdemeanors.  But the fact is that most prosecutors will elect to file felony charges on someone who has suffered more than three convictions in a ten-year period.

Because California DUI laws permit some prosecutorial discretion with respect to these situations, they are ripe for negotiations during DUI plea bargaining...which could ultimately result in misdemeanor charges.

California DUI Penalties

California DUI penalties vary greatly, depending on which California DUI law you violate. In general, misdemeanor DUI offenses subject you to13:

  • informal (otherwise known as summary) probation,
  • a one-year maximum county jail sentence (a six-month maximum for a first offense),
  • between $390 and $1,000 in fines (which generally total about three times that amount after penalties and assessments are added),
  • a suspended / revoked driver's license
  • DUI school, and, depending on the circumstances, any or all of the following...
  • victim restitution, community service, AA or NA meetings, the installation of an ignition interlock device, and a vehicle impound.

California felony DUI offenses typically subject you to14:

  • formal probation,
  • a California State Prison sentence that, depending on the circumstances, could result in a lifetime sentence under California's Three Strikes Law15,
  • between $390 and $5,000 in fines (which, again, totals about three times that amount after penalties and assessments are added),
  • DUI school, and
  • victim restitution.

Alternative sentencing

You may also benefit from alternative sentencing if your California DUI attorney can persuade the court to grant such a request.  Alternative sentencing options include, but are not limited to:

  • electronic monitoring (otherwise known as house arrest),
  • residing in a sober-living environment, and
  • completing a specified number of hours of community service or labor (such as Cal-Trans roadside work).
Underage California DUI Laws

Underage California DUI laws are, for the most part, different from the laws that regulate drivers who are over 21.  These include:

It should also be noted that drivers under 21 who are arrested for DUI may also be prosecuted under California Vehicle Code 23152 VC, described above. Also, the DMV typically will suspend one's drivers license for 1 year if the person is under 21 and is caught driving with any measurable amount of alcohol in his/her system.

Depending on the facts of your specific case, if you are caught drinking and driving while you are under 21, you face prosecution under any or all of these California DUI laws.

Out-of-State California DUI Laws

As you can imagine, out-of-state California DUI laws are different from the laws that pertain to in-state drivers.  If you are arrested in California for drunk driving...but do not live in this state...the arresting officer will inform you that your privilege to drive in California will be suspended in 30 days.

Like a California resident, you then have ten days to contact the DMV to schedule an administrative per se hearing to challenge the suspension.  If you suspension / revocation goes into effect, it is very likely that your home state will take similar action against your license as well.18

As for the California court case, your presence may or may not be necessary to the proceedings.  If you find yourself facing a California DUI as an out-of-state driver, it is advisable that you immediately contact a skilled DUI defense attorney who can help guide you through California's criminal court process.19

New 2009 California DUI Laws

There are a few new California DUI laws that went into effect this year.

DUI school for wet reckless with a prior

The first involves California Vehicle Code 23103.5 wet reckless convictions.  Prior to this year, if you suffered a second wet reckless conviction, there was no requirement to attend DUI school.  Now, if you find yourself in this situation, you must complete a minimum nine-month DUI alcohol/drug program.20

Ignition Interlock Devices for BAC levels above .15

The second involves BAC levels and ignition interlock devices (otherwise known as IIDs).  Before 2009, if you had a BAC of 0.20% or higher, the court punished your offense as an aggravated DUI.  Now that level is reduced to 0.15%.  And...

If you are caught driving with a BAC of 0.15% or greater, the judge may require you to install an IID in any car that you drive.21 And if you are caught driving on a suspended license in California while on probation for a DUI, the DMV will automatically order you to install an IID.22

An IID is a mini-breathalyzer that attaches to your car and prevents your car from starting or running unless and until you provide an alcohol-free breath sample.

1-Year License Suspension for driving with alcohol while on DUI probation

The third new 2009 law is known as the "zero tolerance law".  If you are convicted of driving with any measurable amount of alcohol in your system (or refuse to submit to a chemical blood or breath test) while you are on probation for a DUI, the DMV will automatically suspend your license for a minimum of one year.23

As is always the case, you have ten days from the date of your arrest to request a DMV hearing to challenge the suspension / revocation.

Call us for help.
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If you or loved one is charged with a DUI and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Legal References:

1California Vehicle Code 23152a VC -- Driving under influence; blood alcohol percentage; presumptions.  (According to California DUI law..."(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.")

2California Jury Instructions - Criminal - 16.830 -- Misdemeanor Driving Under the Influence.  With respect to Vehicle Code 23152a driving under the influence of drugs...("The term "drug," as used in this instruction, means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, [his] [her] ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of [his] [her] faculties, using reasonable care, would drive a similar vehicle under like conditions.")

3California Jury Instructions - Criminal - 16.831 Alcohol or Drug Influenced Driving-"Under the Influence"-Defined.  (California DUI law defines under the influence..."A person is [under the influence of an alcoholic beverage] [under the influence of a drug] [under the combined influence of an alcoholic beverage and a drug] when as a result of [drinking such alcoholic beverage] [and] [using a drug] [his] [her] physical or mental abilities are impaired to such a degree that [he] [she] no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.")

4California Vehicle Code 23152b VC -- Driving under influence; blood alcohol percentage; presumptions.  ("(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.")

5California Vehicle Code 23153 VC DUI causing injury.  ("(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) [According to California DUI law] It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.")

6California Vehicle Code 23612 -- Chemical, blood, breath, or urine tests.  (With respect to California DUI laws..."(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of [California Vehicle Code] Section 23152 or 23153, and (i) the suspension of the person's privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person's privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5 [a California wet reckless], or of Section 23140 [relating to California underage DUIs], 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person's privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person's privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person's privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions or administrative suspensions or revocations.")

7California Vehicle Code 23550.5 -- Public offense; conviction of violation of [California Vehicle Code sections] 23152 or 23153 within 10 years of specified prior violations; punishment.  (With respect to California DUI law..."(a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following: (1) A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both. (2) A prior violation of Section 23153 that was punished as a felony. (3) A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.")

8California Vehicle Codes 23550 -- Multiple [DUI] offenses; punishment.  ("(a) If a person is convicted of a violation of [California Vehicle Code] Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, [California DUI law mandates] that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1, 000).") See also

California Vehicle Code 23566 -- Three or more offenses; punishment.  ("(a) If a person is convicted of a violation of [California Vehicle Code] Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, [California DUI law requires] that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000).")  And

California Vehicle Code 231503 pursuant to 23103.5 is known as a California wet reckless.  Although this is a reduced offense used in California DUI plea bargaining, it is still a priorable offense.

9California Vehicle Code 23554 -- First offense; punishment.  (Under California DUI law..."If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).")  See also

California Vehicle Code 191.5 -- Gross vehicular manslaughter while intoxicated.  ("(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the [California] Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. (b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the [California] Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. [Under California DUI law...](c)(1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years. (2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 16 months or 2 or 4 years.")

10See California Vehicle Code 191.5 (a) gross vehicular manslaughter while intoxicated, subdivision "a", endnote 8, above.

11See California Vehicle Code 191.5 (b) vehicular manslaughter while intoxicated, subdivision "b", endnote 8, above.

12Second degree murder (otherwise known as "Watson Murder") stems from the 1981 California Supreme Court case, People v. Watson, (1981) 30 Cal.3rd 290.  People v. Watson judicially created a second-degree murder classification that is used in conjunction with California DUI convictions.  A defendant will be punished under this California DUI law if he has at least one prior DUI and has since been warned about the dangers of drinking and driving but nonetheless kills another during a subsequent DUI.

13For purposes of California DUI law, California Vehicle Code sections 23536-23548 and 23554-23562 detail the various penalties imposed in connection with misdemeanor DUIs under Vehicle Code 23152 and 23153 VC.

14California Vehicle Code sections 23550-23552, 23566 and 23568 list felony penalties for Vehicle Code 23152 and 23153 VC, respectively.

15California Penal Code 667 -- Habitual criminals; enhancement of sentence; amendment of section (otherwise known as California's Three Strikes Law).  ("(b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of serious and/or violent felony offenses.")

16California Vehicle Code 23136 -- Blood alcohol concentration of .01 or greater; implied consent to testing; failure to submit to or complete testing.  (According to California DUI law..."(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under [California Vehicle Code] Section 23152 or 23153 or any other provision of [California DUI] law.")

17California Vehicle Code 23140 -- Persons under 21 years of age; blood-alcohol concentration of .05 or more; driving vehicle prohibited; abstract of record.  ("(a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle [according to California DUI law].")

18The Driver License Compact (DLC) revolves around the concept that each driver has one driver's license and one driving record.  States belonging to the DLC report driving arrests (including DUIs) to each other.  As a result, your home state will likely take additional action against your driver's license if you suffer a California DUI arrest.

19A skilled California DUI defense attorney will not only help develop the best strategy for fighting a DUI case but will also guide you through California's criminal court process and represent you at your DMV administrative per se hearing.

20California Vehicle Code 23103.5 -- Acceptance of guilty or nolo contendere plea to violation of [California Vehicle Code] 23103 in place of charge for violation of  23152 [VC].  ("(f)(1) If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order [in accordance with California DUI laws that]the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions.")

21California Vehicle Code 23575 -- Court-mandated use of ignition interlock device.  ("(a)(1) In addition to any other provisions of [California DUI] law, the court may require that a person convicted of a first offense violation of [California Vehicle Code] Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction.")

22California Vehicle Code 23573 -- Violations necessitating ignition interlock device; installation and maintenance; license restriction; exemptions; failure to comply.  ("(j) In addition to all other requirements of this [California Vehicle] code, a person convicted of any of the following violations [i.e., pertaining to driving on a suspended or revoked license] shall be punished as follows: (1) Upon a conviction of a violation of [California Vehicle Code] Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year. (2) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years.  (3) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.")

23See California Vehicle Code 23154 -- Persons on probation for driving under the influence; operation of motor vehicle with blood-alcohol percentage of .01 percent or greater prohibited; use of preliminary alcohol screening test.   (Under California DUI law..."(a) It is unlawful for a person who is on probation for a violation of [California Vehicle Code] Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test... (c)(1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a)...(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.")

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