Vehicle Code 23152 is California’s DUI law. Subsection (a) covers driving under the influence of alcohol or drugs; subsection (b) covers driving with a blood-alcohol concentration of 0.08% or higher.
A first-offense DUI is a misdemeanor — and after an arrest there are two separate cases: the criminal case in court and the DMV case, which has a 10-day deadline.
What VC 23152 Says
VC 23152(a) makes it unlawful to drive under the influence of alcohol or drugs — that is, when your ability to drive is impaired. VC 23152(b) makes it unlawful to drive with a blood-alcohol concentration of 0.08% or higher. Prosecutors routinely charge both from the same arrest. Lower limits apply to commercial drivers and to drivers under 21.
Penalties
A first-offense DUI in San Francisco rarely results in actual jail time; the standard outcome is probation, fines, DUI school, and license consequences. A DUI is usually a misdemeanor, but it can be charged as a felony in specific situations — most commonly when the DUI causes injury, or when there are multiple prior DUI convictions. Read our full guide on how to beat a DUI in San Francisco.
The 10-Day DMV Deadline
A DUI arrest triggers two separate license actions. The DMV's administrative “per se” suspension is automatic on a 0.08%-or-higher result — 4 months for a first offense, 1 year for a second within 10 years (Veh. Code § 13353.3). You have 10 days to request a DMV hearing; missing that deadline doesn’t lengthen the suspension, it forfeits your chance to contest it, and the suspension takes effect after 30 days. A separate, longer suspension applies only if you are convicted in court — 6 months (first), 2 years (second within 10 years), 3 years (third) under Veh. Code § 13352. The two are independent. The DMV hearing is a separate proceeding from the court case, with a different decision-maker and different rules.
Wet Reckless and Reductions
A wet reckless reduction (VC 23103.5) is the most common favorable outcome on a first-offense DUI when the BAC is borderline, the stop was questionable, or the chemical test has problems. It carries lighter penalties, shorter probation, and reduced license consequences. A dry reckless is sometimes available — that one carries no alcohol-related conviction.
Is Diversion Available for a DUI?
Generally no. Standard misdemeanor diversion (PC 1001.95) and mental health diversion (PC 1001.36) are not available for DUI charges under Vehicle Code 23640. The exception is military diversion (PC 1001.80) for eligible active-duty service members and veterans, which can lead to a full dismissal. See our DUI defense page for how we fight these cases.
Frequently Asked Questions
What is VC 23152?
Vehicle Code 23152 is California's DUI law. Subsection (a) prohibits driving under the influence of alcohol or drugs, and subsection (b) prohibits driving with a blood-alcohol concentration of 0.08% or higher. Prosecutors typically charge both from the same arrest.
What is the difference between VC 23152(a) and 23152(b)?
VC 23152(a) is driving under the influence — it focuses on whether your ability to drive was impaired. VC 23152(b) is a 'per se' charge — driving with a BAC of 0.08% or higher, regardless of visible impairment. The two are usually charged together.
Can a DUI be reduced or dismissed?
Yes. A wet reckless reduction under VC 23103.5 is the most common favorable outcome on a first-offense DUI, and cases can be fought through motions attacking the stop or the chemical test. After an arrest, you also have 10 days to request a DMV hearing to protect your license.
Is diversion available for a DUI in California?
Generally no. Judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) are not available for DUI charges under Vehicle Code 23640. The main exception is military diversion (PC 1001.80) for eligible service members and veterans, which can lead to a full dismissal.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com