What a 23152(a) VC Charge Means and How It Affects You
Understand how a 23152(a) VC charge impacts your legal standing, driving privileges, and the steps involved in the legal process.
An arrest for driving under the influence in California often involves complex legal codes. One common charge falls under Vehicle Code Section 23152(a). Understanding this charge is important due to its potential impact on driving privileges, insurance, and employment.
This charge initiates processes in both the criminal courts and the Department of Motor Vehicles (DMV), each with distinct consequences.
Elements of a 23152(a) Charge
California Vehicle Code Section 23152(a) makes it illegal “for a person who is under the influence of any alcoholic beverage to drive a vehicle.”1FindLaw. California Code, Vehicle Code – VEH § 23152 A conviction requires prosecutors to prove two main elements: the individual was “driving” and was “under the influence.”
California law defines “driving” as exercising actual physical control over a vehicle and intentionally causing it to move, however slightly. Simply being behind the wheel of a parked, non-running car may not meet this definition, although evidence suggesting recent movement can still lead to charges.
Being “under the influence” for this specific charge focuses on impairment. It means alcohol has affected a person’s physical or mental abilities so they cannot operate a vehicle with the caution of a sober person under similar circumstances. This is different from the 0.08% Blood Alcohol Concentration (BAC) threshold defined in a related law, Section 23152(b). A person can be charged under 23152(a) even if their BAC is below 0.08%, if evidence shows their driving ability was impaired. Such evidence often includes observations of driving patterns, physical appearance, and behavior during the stop.
Field Sobriety and Chemical Tests
Officers suspecting a driver is impaired by alcohol often administer Field Sobriety Tests (FSTs) at the roadside. These standardized exercises, like the Walk-and-Turn or One-Leg Stand, assess balance, coordination, and instruction-following ability. For drivers 21 and over (not on DUI probation), participation in these pre-arrest FSTs is voluntary.
Officers may also ask drivers to take a Preliminary Alcohol Screening (PAS) test, a handheld breathalyzer providing an estimated BAC. Like FSTs, the PAS test is typically voluntary pre-arrest for adults not on DUI probation. Performance on FSTs and PAS results help officers determine if there is probable cause for a DUI arrest.
Following a lawful DUI arrest, California’s “implied consent” law (Vehicle Code Section 23612) requires drivers to submit to chemical testing – typically blood or breath – to determine their BAC. Unlike pre-arrest tests, this post-arrest chemical test is mandatory. Officers must inform drivers of this obligation.
The administration of these tests must follow state regulations (Title 17, California Code of Regulations) covering procedures, equipment calibration, and sample handling. Drivers usually choose between a blood test, which directly measures BAC, or a breath test, which estimates BAC. If drug impairment is also suspected, an officer might require a blood or urine sample even if a breath test was chosen, as breath tests only detect alcohol. The results provide quantitative evidence used in court and DMV proceedings.
Court Penalties
A conviction under Vehicle Code Section 23152(a) leads to penalties imposed by the criminal court. For a first offense, penalties typically include 96 hours to six months in county jail and a base fine between $390 and $1,000, though total costs with added fees often exceed $2,000.2Justia Law. California Vehicle Code § 23536 (2024)
Courts often grant informal probation for three to five years for first offenses. Probation conditions usually require completing a state-licensed DUI education program (typically three months, but longer if BAC was very high or testing was refused), abstaining from driving with any measurable alcohol, and agreeing not to refuse future chemical tests if arrested for DUI. Jail time may be imposed as a condition of probation or sometimes waived.
Penalties increase for subsequent convictions within a 10-year period, counting prior DUI or “wet reckless” convictions. A second offense within 10 years mandates 90 days to one year in jail (or a minimum of 96 hours if probation is granted), similar fines plus assessments, and completion of an 18-month DUI program.
A third conviction within 10 years carries a minimum of 120 days up to one year in jail, fines plus assessments, and typically requires a 30-month DUI program. Probation conditions remain strict. A fourth DUI offense within 10 years can be charged as a felony, potentially leading to state prison time (16 months to three years) instead of county jail.
DMV License Suspension
Separate from court proceedings, a DUI arrest under Section 23152(a) triggers an administrative process by the California Department of Motor Vehicles (DMV) regarding driving privileges. This “Admin Per Se” (APS) process begins immediately if a driver is arrested with a BAC of 0.08% or higher, or if they refuse a mandatory post-arrest chemical test.
Upon arrest, the officer usually confiscates the driver’s license and issues a temporary license valid for 30 days, along with a notice of suspension. The DMV suspension automatically starts after 30 days unless the driver requests an administrative hearing within 10 calendar days of the arrest.3California DMV. Driving Under the Influence: Age 21 and Older Requesting a hearing typically postpones the suspension until the hearing outcome.
The length of the DMV suspension depends on prior offenses and whether the chemical test was completed or refused. For a first offense with a BAC of 0.08% or more, the suspension is typically four months. After an initial 30-day period with no driving allowed, the driver may be eligible for a restricted license allowing essential driving (work, DUI program) by enrolling in the DUI program, filing proof of insurance (an SR-22 form), and paying fees. Alternatively, many first offenders can get an immediate restricted license allowing driving anywhere if they install an Ignition Interlock Device (IID) in their vehicle for six months and meet other requirements.
Refusing the chemical test results in harsher DMV penalties: a one-year license suspension for a first refusal, with no eligibility for a restricted license during that year. Subsequent offenses or refusals within 10 years lead to longer suspensions or revocations (e.g., a one-year suspension for a second offense, a two-year revocation for a second refusal, a three-year revocation for a third offense or refusal).
Regaining driving privileges almost always requires filing an SR-22 certificate with the DMV for three years. Current law also generally requires installing an IID for varying durations depending on the offense number (e.g., six months for first, one year for second) to obtain a restricted license or reinstate full privileges after a DUI conviction. This DMV process is independent of any court actions.
Aggravating Factors
Certain circumstances surrounding a DUI offense can lead courts to impose penalties beyond the standard range. These aggravating factors often result in sentence enhancements.
A high Blood Alcohol Concentration (BAC) is one such factor. Under Vehicle Code Section 23578, a BAC of 0.15% or higher allows the court to impose enhanced penalties, which might include a longer DUI education program or increased jail time.4Shouse Law Group. 23578 VC – DUI Penalties for High BAC or Test Refusal
Refusing to submit to a required post-arrest chemical test also triggers court enhancements under Vehicle Code Section 23577. This mandates additional, consecutive jail time on top of the underlying DUI sentence (e.g., 96 hours for a second offense refusal, 10 days for a third).
Dangerous driving behavior during the DUI can add penalties. Vehicle Code Section 23582 imposes an extra 60 days of consecutive jail time if the driver also drove recklessly and exceeded the speed limit significantly (30+ mph over on a freeway, 20+ mph over elsewhere).5Shouse Law Group. 23582 VC – DUI Enhancement for Speed & Reckless Driving
Driving under the influence with a passenger under 14 years old results in mandatory additional jail time under Vehicle Code Section 23572 (48 hours for a first offense, 10 days for a second, 30 days for a third).6Eisner Gorin LLP. DUI with a Child in the Car | Vehicle Code 23572 VC This conduct could also potentially lead to separate child endangerment charges.
Other factors, like causing an accident (even property damage only) or driving while on a license already suspended for a prior DUI (a separate offense under Vehicle Code Section 14601.2 with its own mandatory jail time and fines), can negatively influence sentencing decisions.
