Vehicle Code §23152
California Vehicle Code 23152: DUI subsections explained
VC 23152 includes alcohol impairment, a 0.08% BAC provision, drug impairment, and other subsections. Understand why the exact DUI subsection matters.
Alcohol impairment and the 0.08% provision are different
Subdivision (a) prohibits driving under the influence of an alcoholic beverage. Subdivision (b) prohibits driving with 0.08 percent or more alcohol in the blood by weight. They ask different legal questions: impairment under (a), and the stated concentration under (b).
A result below 0.08 percent does not, by itself, answer an allegation under the impairment provision. Likewise, a chemical-test result must be assessed in relation to the charged provision and the time of driving.
What the three-hour language actually says
Subdivision (b) includes a rebuttable presumption concerning the concentration at the time of driving when a chemical test within three hours meets the stated threshold. “Rebuttable” matters: the statutory language should not be paraphrased as making every test conclusive.
The statute defines the concentration units by reference to grams per 100 milliliters of blood or 210 liters of breath. The complete test record, sample timing, and other relevant evidence need individual review.
Drugs, combined influence, and special provisions
Subdivision (f) addresses driving under the influence of a drug, and (g) addresses the combined influence of alcohol and a drug. The section also contains separate provisions for commercial motor vehicles, passengers for hire, and drug addiction with a specified treatment-program exception.
A single statement that all DUI cases depend on a 0.08 percent test would therefore misdescribe the statute. Identify the exact subsection or subsections before interpreting the accusation.
The charge definition is not the full consequence
Section 23152 does not supply every sentencing, licensing, or administrative rule that may apply. A criminal case and a DMV administrative matter involve separate legal questions. This page does not calculate a suspension, promise eligibility for a restricted license, or predict the court result.
For a consultation, the citation or charging document, test paperwork, DMV notices, and any court notices help distinguish the issues. The firm’s DUI and DMV APS pages provide separate starting points for those subjects.
Common questions
Is 0.08 percent required for every VC 23152 charge?
No. The 0.08 percent language appears in subdivision (b). Alcohol impairment, drug impairment, combined influence, and the other subsections have different language.
Does a DUI reference page determine DMV deadlines?
No. Review the actual DMV notice and applicable current procedures promptly. Court and DMV issues should be considered separately.
Sources
- California Vehicle Code section 23152 leginfo.legislature.ca.gov Source checked on 2026-10-27