(a)It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b)It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is 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.
(c)It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d)It is unlawful 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 Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 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.
(e)Commencing July 1, 2018, it shall be unlawful 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. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 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.
(f)It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g)It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
Notes of Decisions
Cited in
1,076
cases (
333 in the last 5 years), 1982–2026 · leading case:
People v. Kelly, 146 P.3d 547 (Cal. 2006).
People v. Kelly, 146 P.3d 547 (Cal. 2006).
· cites it 4× “In addition, the parties stipulated that defendant had suffered a felony conviction in December 1996 for driving under the influence of an alcoholic beverage in violation of Vehicle Code section 23152.”
People v. Coronado, 906 P.2d 1232 (Cal. 1995).
· cites it 10× “, Veh. Code, §§ 23152, 23103 [as specified in Veh.”
People v. Zackery, 54 Cal. Rptr. 3d 198 (Cal. Ct. App. 2007).
· cites it 5× “Did the clerk err in recording that defendant entered a plea of no contest to count 3 (Veh. Code, § 23152, subd. (a)) and/or that defendant admitted an enhancement pursuant to section 969? 5.”
People v. Giordano, 170 P.3d 623 (Cal. 2007).
· cites it 4× “), and admitted having suffered a prior conviction for driving under the influence of alcohol (Veh.Code, § 23152, subd. (b)). Pursuant to his plea agreement, defendant was denied probation, sentenced to the upper term of four years in prison, and ordered to pay a restitution…”
People v. Wells, 136 P.3d 810 (Cal. 2006).
· cites it 6× “(Veh. Code, § 23152, subd. (a).) Later, her urine tested positive for THC, cocaine, and opiates.”
People v. Olguin, 198 P.3d 1 (Cal. 2008).
· cites it 4× “08 percent by weight (Veh. Code, § 23152, subd. (b)) and admitted allegations that he had suffered prior convictions.”
People v. Conley, 373 P.3d 435 (Cal. 2016).
· cites it 2× “Following a jury trial, defendant was convicted of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and driving with a BAC level of 0.”
People v. Mitchell, 26 P.3d 1040 (Cal. 2001).
· cites it 2× “Factual Background An information charged that in February 1997, defendant Willie Ross Mitchell committed the felonies of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and driving with a blood-alcohol concentration of more than .”
In Re Kelley, 801 P.2d 1126 (Cal. 1990).
· cites it 12× “10 percent (Veh. Code, § 23152, former subd. (b)), constituting a violation of conditions of criminal probation imposed for her first offense does not warrant professional discipline because it is both unrelated to her practice of law and not proscribed by any disciplinary…”
People v. Thompson, 135 P.3d 3 (Cal. 2006).
· cites it 4× “08 percent (Veh.Code, § 23152, subd. (b)) and to resisting an officer in the performance of his duties (Pen.”
People v. Soto, 245 Cal. App. 4th 1219 (Cal. Ct. App. 2016).
· cites it 4× “08 percent (Veh. Code, § 23152, subd. (b)) and driving with a suspended license (id.”
People v. Delgadillo, 521 P.3d 360 (Cal. 2022).
“(c)) and had two prior convictions for driving while under the influence of alcohol (Veh. Code, § 23152). The court sentenced Delgadillo to a term of 15 years to life.”
— Cal. Vehicle Code § 23152(E) — 1 case
— Cal. Vehicle Code § 23152(a) — 32 cases
People v. Coronado, 906 P.2d 1232 (Cal. 1995).
“, Veh. Code, §§ 23152, 23103 [as specified in Veh.”
— Cal. Vehicle Code § 23152(b) — 29 cases
— Cal. Vehicle Code § 23152(f) — 5 cases
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