DUI
Vehicle Code - § 23152
What counts as a violation of Vehicle Code § 23152?
Vehicle Code § 23152 makes it a crime to drive under the influence of alcohol, drugs, or both. Additionally, Vehicle Code § 23152 defines specific DUI crimes for:
- People addicted to a drug(s)
- Commercial drivers
- Ride share drivers
Driving under the Influence of Alcohol
Vehicle Code § 23152(a) makes it a crime to drive under the influence of alcohol.
Chemical Testing Three Hour Presumption
Vehicle Code § 23152(b) makes it a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
Driving while Addicted to a Drug(s)
Vehicle Code § 23152(c) makes it a crime for a person who is addicted to the use of any drug to drive a vehicle. However, this section does not apply to a person who is participating in an approved narcotic treatment program.
Commercial Drivers and Ride Share Drivers with a BAC of 0.04 or More
Vehicle Code § 23152(d) makes it a crime for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Vehicle Code § 15210.
Vehicle Code § 23152(e) also makes it a crime for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. “Passenger for hire” means a passenger who pays the driver directly (a taxi cab driver) or indirectly (Uber or Lyft).
Driving under the Influence of Drugs
Vehicle Code § 23152(f) makes it a crime for a person who is under the influence of any drug to drive a vehicle.
Driving under the Influence of Drugs and Alcohol
Vehicle Code § 23152(g) makes it a crime for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
What is the punishment for a violation of Vehicle Code § 23152?
A violation under Vehicle Code § 23152 is a misdemeanor punishable by up to 6 months in jail, a fine of up to $2,000, and a one year license suspension. Additionally, the DMV may suspend your license for up to 4 months for a first time DUI offense.
Repeat DUI offenders will be punished more severely.
What defenses are available to Vehicle Code § 23152?
- You were not driving
- You were not “under the influence” of drugs or alcohol
- The initial traffic stop was unlawful
- There was an error with the chemical testing
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