What Exactly Is a DUI Under California Law?
What the law says: Vehicle Code 23152
Section 23152 is not one offense but a list of them. Each subdivision stands on its own:
| Subdivision | It is unlawful to drive... |
|---|---|
| (a) | while under the influence of any alcoholic beverage |
| (b) | with 0.08 percent or more, by weight, of alcohol in the blood |
| (c) | while addicted to the use of any drug (not applicable to an approved narcotic treatment program) |
| (d) | a commercial motor vehicle with 0.04 percent or more |
| (e) | with 0.04 percent or more when a passenger for hire is in the vehicle |
| (f) | while under the influence of any drug |
| (g) | while under the combined influence of alcohol and any drug |
For (b), the section creates a rebuttable presumption: a chemical test showing 0.08 or more within three hours after driving is presumed to reflect the level at the time of driving.
What it means in practice
Below 0.08 is not a safe zone. Subdivision (a) is about impairment, not a number. The DMV handbook says that depending on how impaired you are, you may be arrested and convicted of a DUI even without a blood alcohol measurement.
Prescriptions count. Subdivisions (f) and (g) cover "any drug." The DMV handbook states the law does not distinguish between illegal drugs and medications from a doctor or pharmacy, including over-the-counter products, if they affect your ability to drive.
Rideshare and delivery drivers carrying passengers for pay are held to 0.04 under subdivision (e), half the general limit.
Under 21 and on probation. Separate rules apply. Section 13353.2 requires the DMV to suspend immediately for a driver under 21 at 0.01 or more, and for a driver on DUI probation at 0.01 or more, in addition to the 0.08 and commercial 0.04 thresholds.
Two tracks: the DMV and the court
An arrest starts an administrative case and a criminal case at the same time. Under section 13353.2 the DMV suspends on the officer's report, and that determination is a civil matter independent of guilt or innocence. The DMV handbook says the officer may take your license and issue a 30-day temporary license, and you may request a DMV hearing within 10 days from the date of arrest. The court case proceeds on its own.
What a conviction brings
- Record: section 12810(b) values a 23152 conviction at two points, and the DMV handbook says DUI convictions remain on the record for 10 years.
- DMV requirements: per the handbook, completing a DUI program, filing an SR 22 or SR 1P insurance certificate, paying reissue fees, and possibly installing an ignition interlock device.
- Insurance standing: the Good Driver standard in Insurance Code section 1861.025 excludes anyone with a DUI conviction in the previous 10 years.
What to do
- If you have had anything, alcohol or medication, do not drive. Arrange a ride before the evening starts.
- Read medication labels for driving warnings.
- If arrested, calendar the 10-day DMV hearing deadline immediately and contact a DUI defense attorney.
- Expect an SR 22 requirement later and ask an agent about it early rather than at reinstatement.
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Can you get a DUI under 0.08 in California?
Yes. Section 23152(a) prohibits driving under the influence of alcohol regardless of the number, and the DMV handbook says you can be convicted without a blood alcohol measurement if impairment is shown.
Can you get a DUI for prescription medication?
Yes. Section 23152(f) covers any drug, and the DMV handbook says the law does not distinguish between illegal drugs and medications that affect your driving.
What is the legal limit for rideshare drivers in California?
0.04 percent when a passenger for hire is in the vehicle, under section 23152(e).
How long does a DUI stay on your record in California?
Ten years, according to the DMV, and a conviction counts as two points under section 12810(b).