Vehicle Code 23152: What the Letter After the Code Means

California Vehicle Code 23152 contains several different DUI prohibitions. The letter after the section identifies the allegation: alcohol impairment, a specified alcohol concentration, drugs, or another listed circumstance. Read the subsection rather than treating every citation to “23152” as identical. A criminal complaint and a DMV suspension notice also raise separate questions, even when they arise from the same arrest.

Read the statutory language before interpreting the charge

Vehicle Code section 23152 was checked against the Legislature’s published text on October 1, 2026. These are verbatim excerpts, not the entire section:

Subdivision (a):

It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

Subdivision (b), first sentence:

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.

Those sentences describe different statutory theories. A result below 0.08 does not, by itself, answer an allegation under subdivision (a). Conversely, a number in a police report does not eliminate questions about the test, its timing or the other evidence. Our answer about a DUI allegation below 0.08 examines that narrower issue.

A subsection guide for reading your paperwork

This table summarizes the statutory text. It is not a finding that any listed allegation has been proved.

The commercial-vehicle and passenger-for-hire provisions require attention to the circumstances described in those subdivisions. Do not substitute a driver’s occupation for the actual statutory condition. Drug-related allegations also need the precise subsection and supporting evidence; the alcohol concentration rule is not a universal numerical rule for every substance.

Why the time of driving and the time of testing matter

Subdivision (b) includes a rebuttable presumption concerning a qualifying chemical test performed within three hours after driving. Subdivisions (d) and (e) contain their own corresponding language. A rebuttable presumption is not the same as an instruction to ignore competing evidence.

For a useful review, distinguish the alleged driving time, stop or contact time, and sample or breath-test time. Save the documents showing those times. Counsel can then examine the legal significance of the test record in the context of the actual charge; a timeline alone does not establish a defense or guarantee that a result can be excluded.

The code section does not resolve the DMV notice

The California DMV explains that its administrative hearing concerns driving privileges and is separate from the criminal case. Its general DUI guidance gives a ten-day period from receipt of the suspension or revocation order to request a hearing. Check the notice promptly and discuss the actual dates with counsel.

A court appearance is not itself a request for a DMV hearing. Likewise, a reduction in the criminal charge does not automatically set aside an administrative suspension. See our explanation of DMV action when DUI charges are dropped for that distinction. Different notices and circumstances may require their own review.

Bring the exact allegations to your consultation

A photo of the citation is useful; the filed complaint and later notices may contain additional information. Bring what you have, identify the next court date, and explain whether another attorney already represents you. Ask what evidence the firm would review, whether the proposed representation includes the DMV matter, and how fees and responsibility for deadlines would be handled.

This guide helps you read the section. The firm’s DUI representation page explains the practice area, and the consultation checklist helps you organize the conversation. You can contact the firm about a VC 23152 allegation without having every record assembled first.