How Is a DUI Defined in California?

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Understanding California DUI Laws

If you have been charged with DUI in Los Angeles or are trying to understand what the charge actually means this page covers how California law defines driving under the influence, what the prosecution must prove, and what the different DUI statutes cover. If you have already been charged contact our office immediately. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against DUI charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

How California Law Defines DUI

California does not use a single definition for DUI. The charge is governed by California Vehicle Code Section 23152 which contains multiple subsections each covering a different form of impaired or prohibited driving. Understanding which subsection applies to your case determines what the prosecution must prove and where the defense has the most opportunity to challenge the evidence.

The two most commonly charged subsections are VC 23152(a) and VC 23152(b) and they are almost always filed together on the same complaint. VC 23152(a) covers driving while impaired by alcohol regardless of the specific BAC level. VC 23152(b) covers driving with a blood alcohol content at or above 0.08 percent regardless of whether impairment is actually established. A defendant can be acquitted on one count and convicted on the other because each charge requires different proof and each presents different defense opportunities.

The Different Types of DUI Charges Under California Law

California Vehicle Code 23152 covers several distinct forms of prohibited driving beyond alcohol impairment. Each subsection targets a specific category of conduct and carries the same base penalties as a standard alcohol DUI unless specific aggravating factors apply.

VC 23152(a) is the alcohol impairment charge. The prosecution must prove the defendant’s ability to drive was actually affected by alcohol to the degree that they could not drive with the caution of a sober person of ordinary prudence. No specific BAC level is required and a person can be convicted under this subsection with a BAC below 0.08 percent if impairment is established through driving behavior, field sobriety tests, and officer observations.

VC 23152(b) is the per se BAC charge. The prosecution only needs to prove the BAC was at or above 0.08 percent at the time of driving. No proof of impairment is required. This is why the chemical test result is the foundation of most DUI prosecutions — it supports the 23152(b) count regardless of how the defendant appeared or performed on field sobriety tests.

VC 23152(c) covers driving while addicted to any drug. This charge does not require proof of current impairment. The addiction itself is the basis of the charge and the prosecution must establish the defendant is addicted to a drug rather than simply a user.

VC 23152(d) covers commercial drivers operating a commercial motor vehicle with a BAC of 0.04 percent or higher. Commercial drivers are held to a stricter standard than non-commercial drivers and the consequences of a conviction include mandatory CDL disqualification that can end a commercial driving career permanently.

VC 23152(e) covers driving under the influence of drugs. The prosecution must prove the defendant was impaired by a drug — prescription, over the counter, or illegal — to a degree that affected their ability to drive safely. No specific drug concentration threshold applies and impairment is assessed through Drug Recognition Expert evaluation and chemical testing.

VC 23152(f) covers driving under the combined influence of alcohol and drugs. When both substances contribute to the impairment the prosecution can charge this subsection alongside or instead of the individual alcohol or drug subsections.

What Does Under the Influence Mean in California?

Under California law a person is under the influence for DUI purposes when as a result of consuming alcohol or drugs their mental or physical abilities are impaired to such a degree that they can no longer drive a vehicle with the caution characteristic of a sober person of ordinary prudence under similar circumstances. This standard does not require the defendant to be drunk in any colloquial sense. It requires proof that their driving ability was meaningfully affected by the substance consumed.

This is a lower threshold than many people expect and it is why DUI charges are filed in cases involving BAC levels that appear close to the legal limit and in cases involving prescription medications taken at prescribed doses. The question is not whether the substance was legally obtained or consumed in a normal amount — the question is whether it affected the defendant’s ability to drive safely at the time.

DUI vs Wet Reckless — What Is the Difference?

A wet reckless under VC 23103 is a reckless driving charge that includes a notation that alcohol was involved. It is not a DUI charge and it does not carry the mandatory DUI penalties including the DUI program requirements, the mandatory license suspension, and the ignition interlock device requirement that follow a DUI conviction. A wet reckless is frequently the outcome of a successful DUI negotiation when the evidence is insufficient to sustain a DUI conviction beyond a reasonable doubt or when mitigating factors make a reduced charge appropriate. A prior wet reckless conviction does count as a prior DUI offense for purposes of the 10-year lookback period on a subsequent DUI charge.

DUI Causing Injury and Felony DUI

A standard DUI under VC 23152 is a misdemeanor for first, second, and third offenses when no injury resulted. The charge becomes a felony under VC 23153 when the DUI caused injury to another person, when it is the defendant’s fourth DUI within 10 years, or when the defendant has a prior felony DUI conviction. Felony DUI causing injury carries 16 months to 3 years in state prison as a base sentence with additional consecutive time for each additional injured victim. When death resulted the charge can escalate to gross vehicular manslaughter under Penal Code 191.5 or to second-degree murder under the Watson doctrine when a prior DUI conviction included a Watson admonishment.

Contact a Los Angeles DUI Attorney Today

If you have been charged with any form of DUI in Los Angeles contact our office immediately. Attorney Arash Hashemi has defended clients against DUI charges throughout Los Angeles County for over 20 years. He understands how every subsection of VC 23152 is prosecuted, how the chemical evidence is challenged, and where the defense has the most leverage at every stage. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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