California Vehicle Code 23152(a) VC – Driving Under the Influence of Alcohol
Understanding a DUI charge under VC 23152(a) starts with knowing how California defines “driving under the influence.” Prosecutors don’t need a specific blood alcohol content (BAC) to pursue this charge — they only need to show that alcohol impaired your ability to drive safely. That determination is often based on the arresting officer’s observations, such as your coordination, demeanor, or performance on roadside tests.
To secure a conviction, the state must prove that you were impaired by alcohol at the time of driving and that your mental or physical abilities were compromised beyond what’s considered safe. But these observations are subjective, and they can be challenged — especially when alternative explanations like medical conditions, fatigue, or stress are involved.
A skilled Los Angeles DUI lawyer can evaluate the facts of your case, identify weaknesses in the prosecution’s argument, and fight to protect your license, record, and freedom. Whether you’re facing a first offense or you’ve been through the process before, the right defense can make all the difference.
What Is VC 23152(a)? – Legal Definition & Elements of the Offense
California Vehicle Code 23152(a) makes it a crime to drive a vehicle while “under the influence of any alcoholic beverage.” Unlike DUI charges based on a chemical test (like VC 23152(b), which focuses on a 0.08% BAC or higher), this offense relies on whether your ability to drive was impaired in a noticeable way — regardless of your blood alcohol content.
In other words, you can be charged under VC 23152(a) even if your BAC was below the legal limit or no breath or blood test was taken at all. These cases often center around how you appeared to the arresting officer — including your behavior, driving pattern, and how you performed during roadside evaluations.
To convict someone of DUI under VC 23152(a), the prosecution must prove two key elements:
- You were operating a motor vehicle, and
- At the time, your mental or physical abilities were so impaired by alcohol that you could not drive with the caution of a sober person in similar circumstances.
The types of evidence typically used to support this charge include:
- Erratic or unsafe driving (e.g., weaving, rolling stops, speeding)
- Odor of alcohol on your breath or person
- Red or watery eyes
- Slurred speech or poor coordination
- Your performance during field sobriety tests
- Admissions such as “I only had a couple drinks”
Even in the absence of a high BAC, prosecutors will often try to paint a picture of impairment based on the officer’s impressions. That’s why it’s essential to have a Los Angeles DUI lawyer on your side who can review dash-cam footage, body-cam video, and police reports for inconsistencies. These cases are built on observations — and observations can be challenged.
Penalties for a DUI Conviction Under VC 23152(a)
A conviction under Vehicle Code 23152(a) can have serious consequences—both in court and with the DMV. Even for first-time offenders, the penalties can include jail time, a suspended license, mandatory DUI education, and steep fines. For repeat offenders, the penalties increase significantly and may result in long-term license revocation and mandatory jail time.
First Offense (Misdemeanor DUI):
- Up to 6 months in county jail
- $390 to $1,000 in fines (plus penalty assessments that can bring the total over $2,000)
- 3 to 5 years of informal probation
- Completion of a 3- or 9-month DUI school
- Driver’s license suspension for 6 to 10 months (with restricted license options)
- Possible ignition interlock device (IID) installation
Second Offense (within 10 years):
- 96 hours to 1 year in county jail
- Higher fines and longer probation
- 18- to 30-month DUI program
- License suspension up to 2 years (restricted license may be possible after 1 year)
- Mandatory IID installation
Third Offense (within 10 years):
- 120 days to 1 year in county jail
- 30-month DUI education program
- 3-year driver’s license revocation
- Possible “habitual traffic offender” status
Other Consequences May Include:
- Increased insurance premiums
- Mandatory community service or alcohol monitoring
- Impact on immigration status (for non-citizens)
- Potential job or professional license issues
Important: These criminal court penalties are separate from the DMV process. After a DUI arrest, the DMV can automatically suspend your license unless you request a hearing within 10 calendar days. Missing this deadline can cost you your driving privileges before your court case even begins.
An experienced Los Angeles DUI lawyer can help you fight for reduced charges, minimize penalties, and in many cases, avoid jail time altogether through alternative sentencing like alcohol treatment, home detention, or plea reductions such as a “wet reckless.”
Defense Strategies for DUI Charges Under VC 23152(a)
Being charged under with a DUI of alcohol doesn’t mean a conviction is guaranteed. Because this charge doesn’t rely on a specific BAC level, the case often hinges on subjective claims—like slurred speech or poor balance—that can easily be misinterpreted.
Our Los Angeles DUI lawyer, Attorney Hashemi, approaches each case by focusing on the specific facts—not assumptions or generalizations. Depending on the circumstances of your arrest, one or more of the following defenses may apply:
Unlawful Traffic Stop
If the officer did not have a lawful reason to pull you over — such as a clear traffic violation or reasonable suspicion of criminal activity — any evidence gathered after the stop may be suppressed. This can include field sobriety tests, statements made during the stop, and any signs of alleged impairment. When the initial stop is invalid, the entire case can sometimes be dismissed.
Misinterpreted Signs of Impairment
Prosecutors often rely on physical signs such as bloodshot eyes, an unsteady gait, or slurred speech as evidence of intoxication. However, many of these signs can be caused by fatigue, anxiety, medical conditions, or allergies. Our firm works to present legitimate explanations that challenge the officer’s interpretation of these observations.
Inaccurate Field Sobriety Tests
Standardized field sobriety tests are subjective and can be impacted by poor lighting, uneven pavement, footwear, or physical limitations. A person with back issues, balance problems, or even anxiety may struggle to perform these tasks—regardless of alcohol use. We evaluate whether your results were fairly judged and whether environmental or medical factors were overlooked.
No Clear Evidence of Driving
To convict you under VC 23152(a), the prosecution must prove that you were actually operating the vehicle while impaired. In cases involving parked cars, accidents, or sleeping drivers, this element is not always clear. If there’s no direct evidence showing you were behind the wheel, we can challenge the charge on that basis.
Rising Blood Alcohol Defense
Alcohol continues to absorb into your system after drinking stops. This means your BAC may have been under the legal threshold at the time of driving, but increased by the time a breath or blood test was administered. We work with toxicology experts when necessary to present this timeline to the court.
Police Misconduct or Procedural Violations
DUI arrests are governed by strict legal procedures. If officers failed to follow proper protocol — such as not advising you of your rights, conducting an improper search, or mishandling evidence — we may be able to have key evidence suppressed. In some cases, this can result in a complete dismissal of the charges.
DMV Hearings and License Suspension in California DUI Cases
After a DUI arrest under California Vehicle Code 23152(a), you’re facing more than just a criminal case. The California Department of Motor Vehicles (DMV) also begins an administrative process that can lead to the suspension of your driver’s license—regardless of the outcome in court.
You Have Just 10 Days to Act
Following your arrest, you have only 10 calendar days to request a DMV hearing to challenge the automatic suspension of your license. If you don’t take action within that time frame, the DMV will impose a suspension—even if you haven’t been convicted of DUI in court.
This deadline is strict, and missing it can seriously impact your ability to drive. That’s why we handle both the criminal case and the DMV process from day one—ensuring that no deadlines are missed and that you have the best chance at keeping your license.
What Happens at the DMV Hearing
A DMV hearing is not a criminal trial. It’s an administrative review conducted by a DMV hearing officer. In DUI cases under VC 23152(a), the hearing officer focuses on three key questions:
- Did the officer have reasonable cause to believe you were driving under the influence?
- Were you lawfully arrested?
- Were you impaired at the time you were operating the vehicle?
Unlike charges based on a 0.08% BAC under VC 23152(b), a DMV suspension under 23152(a) is based on the officer’s observations. That makes it even more important to challenge the validity of the traffic stop, field sobriety tests, and any alleged signs of impairment.
Our firm carefully reviews the police report, audio/video recordings, and other evidence to raise issues that can stop the suspension from going into effect.
Length of License Suspensions
If the DMV upholds the suspension, the length of time you’ll be without a license depends on several factors, including your driving record and whether you refused chemical testing:
- First offense: 4-month suspension (a restricted license may be available after 30 days)
- Second offense (within 10 years): Up to 2-year suspension
- Chemical test refusal: 1-year suspension with no eligibility for a restricted license
We fight aggressively at DMV hearings to challenge the state’s case and protect your ability to drive. In many cases, we’re able to delay, reduce, or prevent suspension altogether—especially when the evidence is weak or the stop was unlawful.
How an Experienced Los Angeles DUI Lawyer Can Guide You Forward
When you’re facing a DUI charge in California, you’re up against more than just the legal system — you’re also risking your driver’s license, your record, and your reputation. These cases often rest on the arresting officer’s interpretation of behavior, which can be vague, subjective, or just plain wrong.
At The Law Offices of Arash Hashemi, we don’t treat DUI defense as routine. We begin by conducting a detailed review of the traffic stop, officer conduct, field sobriety test procedures, and any chemical test results. If your rights were violated or the arrest lacked legal justification, we take immediate action to challenge the prosecution’s case.
Attorney Hashemi personally handles each case and brings more than two decades of DUI defense experience to the table. From your DMV hearing to your final court appearance, we guide you through every step and provide the legal insight needed to make informed decisions.
Depending on the circumstances of your case, we may be able to:
- File motions to suppress unlawful evidence
- Fight for reduced charges or dismissal
- Secure diversion or alternative sentencing options
- Help you avoid or shorten a license suspension
- Challenge procedural flaws or testing errors
Every case is different. We take the time to understand yours — and to build a strategy focused on protecting your future, not just reacting to the charge.
Speak with a Los Angeles DUI Lawyer Today — Protect Your License and Your Future
If you’ve been arrested for DUI under Vehicle Code 23152(a) in Los Angeles, don’t face the legal system alone. These cases move quickly — and the sooner you take action, the more options you’ll have to protect your license, your freedom, and your future.
At The Law Offices of Arash Hashemi, we take DUI defense seriously. Attorney Hashemi brings over 20 years of courtroom experience and knows how to challenge subjective observations, flawed police procedures, and weak evidence. We handle everything — from DMV hearings to court appearances — with a strategic approach focused on minimizing or eliminating the impact of the charge.
We offer personalized attention, honest guidance, and aggressive defense — starting from day one.
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