In California, driving under the influence is governed primarily by Vehicle Code section 23152, subdivisions (a) through (f), and related statutes such as the zero-tolerance underage DUI law under VC 23136. VC 23152(a) makes it illegal to drive while impaired by alcohol or drugs, while VC 23152(b) prohibits driving with a blood alcohol concentration (BAC) of 0.08 percent or higher. If you have prior DUI convictions or the offense caused an injury to someone else, possible penalties include jail time, fines, license suspension, and completing education programs.
Because DUI convictions carry severe penalties, retaining an experienced criminal defense attorney is crucial. At CCLG: Los Angeles Criminal Attorney, we carefully examine every aspect of your arrest to safeguard your rights, minimize potential penalties, and protect your future.
DUI of Alcohol or Drugs, California Vehicle Code 23152(a)
It is against the law to drive if alcohol or drugs affect your mental or physical abilities, even if your BAC is less than 0.08%. Police may point to clear signs of impairment, like difficulty speaking, swerving, or lack of coordination, instead of relying only on chemical tests. This law includes all intoxicants, including illegal drugs, prescription medicines, and those sold over the counter, that can affect safe driving.
If convicted of a misdemeanor, you may be sentenced to up to six months in county jail, fined up to $1,000, and required to attend a court-approved alcohol-education program. If you get a DMV penalty, your license may be suspended, you will get two points on your driving record, and your insurance rates could increase.
A new VC 23152(a) charge can lead to state prison, bigger fines, and longer license suspension if you have a previous DUI within the last ten years.
Driving with Excessive BAC, California Vehicle Code 23152(b)
According to VC 23152(b), you are guilty of a DUI if your BAC is 0.08% or more, regardless of how you appear. If you are pulled over within three hours and your chemical test is at or above the limit, it is assumed you were intoxicated while driving, but you are allowed to present evidence to argue against it.
If convicted of a first-offense 23152(b) DUI, you could:
- Face up to six months in county jail
- Be subject to fines between $390 and $1,000
- Be on informal probation for three to five years
- Have your driver’s license suspended
- Be required to join an alcohol-education program
If you refuse a chemical test under California’s implied-consent law, your license will be suspended for one year, and if convicted, you will serve more time in jail and attend a longer DUI program.
If a person is convicted of another DUI within ten years, their punishment will be more severe, including longer jail time, higher fines, a longer license suspension, ignition-interlock devices, and additional education.
Driving While Addicted to Drugs, Vehicle Code 23152(c)
If a person is addicted to drugs, they are not allowed to drive under California Vehicle Code VC 23152(c), regardless of whether they have been drinking. For this statute, addiction means a person has a strong physical dependence that causes withdrawal symptoms if the substance is taken away, along with a strong urge to keep using it. Courts view this as requiring proof of tolerance, withdrawal, and emotional dependence.
Unlike other forms of DUI, 23152(c) only requires that the addiction and driving happen at the same time, without needing to prove intoxication at the moment. The legislature made sure that individuals in court‑approved narcotic treatment programs were omitted, showing that treatment was preferred for those recovering from addiction.
The first time a person is convicted under VC 23152(c), they may face up to six months in county jail, a fine between $390 and $1,000, a six-month suspension of their license, and are required to take a drug-education course.
A third misdemeanor offense within ten years has the same penalties as the first and second, but after the third, the charge becomes a felony, and the driver could be sent to state prison and fined more. Even if a prior DUI was for drugs, addiction, or alcohol, it is still counted as a previous offense in this section, so it can make a VC 23152(c) charge more serious.
Courts and prosecutors view driving while addicted the same as other DUI offenses, so that the state may suspend your license after an arrest, and you could face a one‑year suspension if you refuse to take a chemical test. Some ways to defend against such charges are to show you were enrolled in a legitimate treatment program, question the amount of evidence for physical dependence, or dispute any issues with the testing or arrest. Since the results of a DUI can be severe—a criminal record, losing your license, and jail time—an experienced lawyer may be able to negotiate for treatment instead of a conviction or suppress the evidence against you.
DUI & Commercial Driver’s License, Vehicle Code 23152(d)
This section states that driving a commercial vehicle with a BAC of 0.04 percent or above is illegal. The lower threshold is half the 0.08 percent limit for regular drivers because federal and state laws require extra caution for those driving large vehicles.
If convicted under 23152(d) for the first time, your CDL will be disqualified for one year, and you cannot get a restricted or hardship permit. If convicted again, your CDL will be revoked permanently. If you refuse the required chemical tests, you will lose your CDL for one year and face additional penalties.
DUI by Taxi, Limo, or Ride-Sharing Drivers, California Vehicle Code 23152(e)
It is against the law for any “passenger-for-hire” driver, like a taxi, limousine, Uber, Lyft, or similar, to drive a vehicle with a BAC of 0.04 percent or more when a passenger is in the car. A “passenger for hire” is someone who pays or is expected to pay, in some way, for the ride.
Since California values safety in public transportation, the lower per se limit for commercial drivers is half the standard for non-commercial drivers. After a first offense, you may spend up to six months in county jail, pay fines ranging from $390 to $1,000, join an informal probation program, have your license suspended, and attend DUI school.
A person convicted of a second misdemeanor DUI within the next ten years must serve a minimum of 96 hours in jail and attend DUI education courses for 18 to 30 months. For a third misdemeanor, the driver must serve between 120 days and one year in jail, pay fines up to $1,000, and use an ignition interlock device for two years.
If a passenger is hurt under VC 23153(e), the offense can result in 16 months to three years in state prison and up to $5,000 in fines. If you refuse a chemical test, you will be subject to a one‑year license suspension under California’s implied‑consent law and any criminal charges.
Driving Under the Influence of Drugs, California Vehicle Code 23152(f)
Under VC 23152(f), it is illegal to drive while under the influence of any drug, whether it is legal or not, if it affects your ability to drive safely. Unlike alcohol, the presence of drugs is judged by how officers observe, test, and analyze the effects on the driver.
This law includes illicit drugs like cocaine, methamphetamine, LSD, and heroin, as well as prescription drugs, OTC antihistamines, cold medicines, and marijuana. The first time someone is convicted of a crime, they may face up to six months in jail, fines of up to $1,000, a suspended license, and must attend drug education.
A repeat offense within ten years is still a misdemeanor, but the jail term and required education increase; after four or more convictions, the offense turns into a felony and can result in state prison time. If alcohol is not involved, the DMV will not suspend your license automatically after your arrest, but will suspend it for six months if convicted.
As is the case with DUIs involving alcohol, if a driver refuses a chemical test ordered by the court, they will face a one‑year suspension. Defenses may include showing doubt about the drug-influence assessment, questioning the handling of blood or urine samples, and bringing in experts to explain non‑impairing drug levels.
Zero-Tolerance Underage DUI, California Vehicle Code 23136
The law in California states that any driver under 21 is not allowed to drive with a blood‑alcohol concentration (BAC) of 0.01 percent or higher, as measured by a preliminary alcohol screening (PAS) or chemical test. In 1994, VC 23136 was introduced to address underage drinking and driving, and it allows an officer to arrest a minor for any trace of alcohol.
Any cough syrup or cold remedy can make a minor’s BAC higher than 0.01 percent, so the state takes a tough stance and suspends their license for a year if a post-arrest PAS test reveals 0.01 percent or more. Since there was no restricted license, drivers under 21 could not drive any vehicle until the suspension ended.
While VC 23136 offenses are not considered criminal misdemeanors, they can still have serious consequences. As a result, the DMV’s action stays on driving records for ten years, leading to higher insurance, trouble getting jobs that require moving, and being unable to receive specific scholarships or college housing that checks for disciplinary actions. Furthermore, if a driver under 21 has a BAC of 0.05 percent or more, they can be charged under the same DUI laws (VC 23152) and may face penalties such as jail and fines.
Should a driver refuse a PAS or chemical test, the implied‑consent law applies, and they will still receive a one‑year suspension, even if no alcohol is found. You can only avoid or dispute the suspension by asking for an administrative hearing at the DMV within ten days of the citation; if you win, your driving privileges will not be affected despite a positive test or refusal.
Implied Consent Law of California (VC 23612)
Anyone arrested for an alcohol or drug offense under Vehicle Code 23612 is considered to have agreed to a breath or blood test for their BAC. When making an arrest, the officer must explain that refusing the test will lead to fines, possible jail time, and the loss of driving privileges. If the arrested person refuses to accept the required test, the DMV suspends the license for a year for the first offense and longer periods if there are repeat refusals within ten years.
Refusal to take a chemical test is not a crime, but if a driver is found guilty of DUI, California can add “refusal enhancements” to the sentence. The changes mean that a first refusal leads to at least 48 hours in jail and nine months of DUI education, while a second refusal within ten years results in 96 hours in jail and the same education. If cited under VC 23612, your license can still be suspended, and the only way to stop it is to have a DMV hearing within ten days of the citation.
Birchfield v. North Dakota and Warrant Requirements
In the case of Birchfield v. North Dakota, the U.S. Supreme Court decided that police may conduct a breath test without a warrant after a DUI arrest, but not a blood test. So, California can use implied consent to take a breath sample from a driver without a warrant. Still, officers usually need a warrant to draw blood unless there are urgent reasons. If the blood is taken without a warrant, the evidence may be blocked, but the refusal will still cause the driver’s license to be suspended.
Administrative Hearing and Challenging Suspension
If the DMV refuses or your BAC is 0.08% or higher, you will receive a suspension notice and have ten days to ask for an administrative per se hearing. At the hearing, the driver can object to the stop, the information about implied consent, and the decision about the refusal. A favorable outcome in the hearing ensures the license will not be suspended, regardless of the DUI prosecution.
Conditions That Allow Police to Request a Blood Test for DUI
In California, a blood test can only be required when specific rules or laws are followed to ensure privacy is respected. According to Vehicle Code 23612, any driver arrested for DUI is considered to have consented to a breath or blood test, and they must be told that refusal will result in an automatic one‑year suspension.
If a driver refuses or cannot do a breath test, officers may apply for a warrant to take a blood sample; the U.S. Supreme Court ruled on this in Birchfield. The court decided that a warrantless blood test is unconstitutional under the Fourth Amendment, but a breath test can be done without one.
A warrant is required in California if probable cause exists that the driver was impaired, and only a neutral magistrate is allowed to authorize the blood draw. If there is an unconscious suspect, a medical emergency, or evidence that could be destroyed by alcohol metabolism, a limited warrantless blood draw is allowed under exigent circumstances; however, Missouri v. McNeely does not allow for a general rule of urgency, so officers must explain the urgency in each case.
If officers believe a driver is under the influence of drugs that may not be detected by breath, they are required to explain the reasons for requesting a blood test and describe any unusual actions or admissions by the driver. Any driver on DUI probation who is suspected of reoffending can be ordered to take a blood test, and if they refuse, it can result in more probation violations and a longer suspension.
Previously, California permitted urine testing for hemophilia or anticoagulant therapy, but now the law permits testing only in blood or breath, unless blood or breath cannot be collected. The officer must always adhere to the requirements of Title 17 and certify that the operator or the blood test results may not be allowed in court.
DUI with Injury
- Misdemeanor DUI with Injury Charge
- A summary probation period of 3 to 5 years
- Serving between 5 days and 1 year in county jail
- Fines between $390 and $5,000
- Completing a DUI education program for 3, 18, or 30 months, depending on the type and severity of the offense and the BAC level
- Installing an IID for 6 months. If you do not install the interlock device, your license will be suspended for a year
- Mandatory compensation for all victims who suffered losses or injuries
- Felony DUI with Injury
- A sentence of 16 months to 10 years in a state prison. Additional sentences of 1 to 6 years are possible, depending on how many victims were hurt and how seriously they were injured
- Being classified as a strike under the California Three Strikes Law can potentially affect sentencing in future felony cases
- Fines between $1,015 and $5,000, not including any penalties
- Enrolling in a court-approved DUI education program that lasts for 18 to 30 months
- Being designated as a habitual traffic offender (HTO) for 3 years. You face higher penalties for any further traffic offenses
- Installing an IID for 2 to 3 years
- Compensating all injured parties for their medical costs, lost income, and related expenses
Possible Punishment for a Felony DUI in California
If you commit four or more DUI cases within 10 years, you will be charged with a felony DUI in California. If convicted of a felony DUI, you can face severe penalties, including:
- Serving in a state prison for 16 months, 2 years, or 3 years
- Fines between $390 and $1,000, not including penalty charges
- Having an IID installed in your vehicle for at least one year. If you do not abide by the rules, your driver’s license could be suspended for up to four years.
- Being labeled an HTO by the DMV
Additional Probation Conditions for DUI Cases
If probation is given instead of jail time, the California courts require that specific probation terms be met, in addition to the usual criminal penalties. They include:
- You should not drive if you have any alcohol in your blood
- If arrested for a second DUI, you are required to take a chemical test; refusing is not allowed.
- You should not break any new laws while on probation.
If your case requires it, the court can also add extra probation conditions to your sentence, including:
- Attending Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings
- Being part of a Mothers Against Drunk Driving (MADD) Victim Impact Panel
- If your DUI caused an accident, you may be required to pay restitution to the victims.
If you fail to meet these conditions, you may have your probation removed and face further penalties such as time in jail.
Aggravating Factors That Can Increase Your Sentence
Specific facts of your DUI arrest could result in higher penalties, even if it is your first time being charged. These factors can result in a longer sentence in jail or prison and stricter probation terms. They include:
- Driving when your BAC is 0.15% or above
- Resisting taking a chemical test, including breath, blood, or urine tests
- Causing a traffic accident, whether or not anyone is injured
- Driving at excessive speeds after drinking or using drugs
- Operating a vehicle while intoxicated with a minor under 14 in the car
- The offense was committed by a driver who was under 21 years old
If found guilty of these factors, the court may give you a harsher sentence, such as a longer jail stay, additional DUI classes, and a bigger fine.
Find a Los Angeles DUI Defense Attorney Near Me
California’s extensive DUI laws, Vehicle Codes 23152(a)-(f), 23136, and 23612, detail varied offenses and their penalties. Possible penalties include jail terms, fines, and license suspension. California prosecutes DUI violations harshly; hence, there is a need for solid legal defense. If you need a competent criminal defense attorney, our lawyers at the CCLG: Los Angeles Criminal Attorney provide unmatched legal assistance for DUI and other criminal offenses.
Call us at 323-922-3418 to speak to a defense attorney and schedule an appointment.
