California Vehicle Code DUI

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DUI

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1. Vehicle Code § 23152(a) - DUI of Alcohol

Explanation: It is unlawful for any person to drive under the influence of alcohol. Section 23152(a) applies when a driver is impaired by alcohol, regardless of their blood alcohol concentration (BAC). Impairment is determined by whether the driver’s ability to operate the vehicle is diminished by alcohol consumption.

2. Vehicle Code § 23152(b) - DUI with BAC of 0.08% or Higher

Explanation: The 23152(b) section of the law specifically prohibits driving with a BAC of 0.08% or higher. It doesn't matter if the driver doesn't feel impaired; if their BAC exceeds this legal limit, they are considered to be driving under the influence of alcohol.

3. Vehicle Code § 23152(f) - DUI of Drugs

Explanation: Driving under the influence of any drugs, including prescription medications, illegal substances, or over-the-counter drugs that impair your ability to drive safely, is illegal. This section focuses on impairment due to drugs rather than alcohol.

4. Vehicle Code § 23152(g) - Combined Influence of Alcohol and Drugs

Explanation: This section addresses driving under the combined influence of both alcohol and drugs. A person can be charged if their impairment is caused by a combination of substances, even if neither alcohol nor drugs alone would cause impairment.

5. Vehicle Code § 23153(a) - DUI Causing Injury

Explanation: This code section makes it a more serious offense to drive under the influence of alcohol or drugs and cause bodily injury to another person. This is treated as a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony depending on the severity of the injuries and other circumstances.

6. Vehicle Code § 23153(b) - DUI with BAC of 0.08% or Higher Causing Injury

Explanation: Similar to § 23153(a), but specifically for cases where the driver's BAC is 0.08% or higher and they cause injury to another person. This can result in more severe penalties, including longer jail time and higher fines.

7. Vehicle Code § 23572 - DUI with Child Passenger (Enhancement)

Explanation: If someone is convicted of DUI while having a minor (under the age of 14) in the vehicle, this section imposes additional DUI penalties. The DUI Punishment with a child passenger is enhanced beyond standard DUI penalties, with extra jail time.

8. Vehicle Code § 23612 - Implied Consent Law

Explanation: This law states that by driving a vehicle in California, you automatically consent to chemical testing (blood, breath, or urine) if lawfully arrested for DUI. Refusing to submit to a test results in additional penalties, including license suspension and longer DUI programs.

9. Vehicle Code § 23136 - Zero Tolerance Law for Drivers Under 21

Explanation: This law sets a strict zero-tolerance policy for drivers under 21 who are caught with a BAC of 0.01% or higher. Any detectable alcohol in their system results in penalties, including suspension of driving privileges.

10. Vehicle Code § 23578 - DUI with a High BAC (Enhancement)

Explanation: This section enhances the penalties for drivers convicted of DUI with a particularly high BAC (0.15% or higher). This may result in additional jail time, mandatory installation of an ignition interlock device (IID), and longer alcohol education programs.

11. Vehicle Code § 14601.2 - Driving on a Suspended License Due to DUI

Explanation: It is illegal to drive with a license that has been suspended or revoked due to a DUI conviction. If caught, penalties include additional fines, jail time, and an extended suspension period.

12. Vehicle Code § 23222 - Open Container Law

Explanation: This law prohibits the possession of an open container of alcohol or marijuana while driving. Although not specifically a DUI law, it is often associated with DUI stops and may result in an infraction or enhancement to a DUI charge if violations are discovered during the stop.

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The repeated violation of some of the above codes violations count as prior offenses under VC 23550.5 during California's “look-back period” period.

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Vehicle Code Section	Type of DUI Offense	Key Trigger	Proof Focus	Potential Impact
VC § 23152(a)	Alcohol DUI (Impairment)	Alcohol affects driving ability	Officer observations, driving behavior	Criminal penalties, license action
VC § 23152(b)	Per Se DUI	BAC ≥ 0.08%	Chemical test result	DUI conviction even without visible impairment
VC § 23152(f)	Drug DUI	Impairment by drugs	Observations, toxicology, expert opinion	Same penalties as alcohol DUI
VC § 23152(g)	Alcohol + Drugs	Combined substance impairment	Evidence of mixed influence	Enhanced complexity in defense
VC § 23153(a)	DUI Causing Injury	Impairment + bodily injury	Causation and injury evidence	Misdemeanor or felony exposure
VC § 23153(b)	DUI w/ BAC + Injury	BAC ≥ 0.08% + injury	BAC + injury proof	Higher penalties than non-injury DUI
VC § 23572	Child Passenger DUI	Minor under 14 in vehicle	Passenger age + DUI conviction	Mandatory jail enhancement
VC § 23612	Implied Consent	Refusal of chemical test	Test refusal record	Automatic license suspension
VC § 23136	Under-21 DUI	BAC ≥ 0.01%	Preliminary test or chemical test	Zero-tolerance suspension
VC § 23578	High BAC DUI	BAC ≥ 0.15%	Elevated BAC level	Sentence enhancements
VC § 14601.2	DUI While Suspended	Driving on DUI suspension	License status + driving	Separate criminal offense
VC § 23222	Open Container	Open alcohol/marijuana container	Physical evidence	Infraction or DUI enhancement

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Frequently Asked Questions

What DUI laws apply in California?

California has multiple DUI laws depending on the substance involved and the circumstances of the case. These include driving under the influence of alcohol, driving with a BAC of 0.08% or higher, driving under the influence of drugs, and driving under the combined influence of alcohol and drugs. Additional sections apply when injuries occur, minors are present, or a driver refuses chemical testing.

Is impairment required for a DUI charge?

Not always. Some DUI laws require proof that a driver’s ability to operate a vehicle was impaired, such as DUI of alcohol or drugs. Other laws, like driving with a BAC of 0.08% or higher, do not require impairment at all. Exceeding the legal limit alone is enough for a charge.

What makes a DUI charge more serious?

Certain factors can significantly increase DUI penalties under California law. These include causing injury, driving with a high BAC, having a child passenger in the vehicle, refusing chemical testing, or driving on a suspended license. These circumstances may lead to enhanced penalties, longer license suspensions, or felony charges.

Do prior DUI offenses affect new charges?

Yes. Prior DUI-related convictions can be used to enhance penalties for new offenses. Some violations count as prior offenses under California’s look-back period, which can elevate a new DUI to a felony and substantially increase punishment under repeat-offender laws.