Veh. Code, § 23152 · Article 2. Offenses Involving Alcohol and Drugs
Veh. Code, § 23152
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) 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.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 765, Sec. 1. (AB 2687) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 134 provisions
Provisions in this library whose text cites Veh. Code, § 23152; the first 50 in book order. Each shows the citation as that text prints it.
Harbors and Navigation Code
Insurance Code
Penal Code
- Pen. Code, § 191.5Printed as Section 23140, 23152, or 23153 of the Vehicle Code
- Pen. Code, § 193.8Printed as Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code
- Pen. Code, § 977Printed as Section 23152 of the Vehicle Code
- Pen. Code, § 1001.2Printed as Section 23152 or 23153 of the Vehicle Code
- Pen. Code, § 1001.51Printed as Section 23152 or 23153 of the Vehicle Code
- Pen. Code, § 1001.80Printed as Section 23152 or 23153 of the Vehicle Code
Streets and Highways Code
Vehicle Code
- Veh. Code, § 1803Printed as Section 23152 or 23153
- Veh. Code, § 1804Printed as Section 23152 or 23153 of this code
- Veh. Code, § 1807.5Printed as Section 23152 or 23153
- Veh. Code, § 1808Printed as Section 23140, 23152, or 23153
- Veh. Code, § 1808.1Printed as Section 23152 or 23153
- Veh. Code, § 1821Printed as Section 23152 or 23153
- Veh. Code, § 9250.14Printed as Section 23152 or 23153
- Veh. Code, § 9250.19Printed as Section 23152 or 23153
- Veh. Code, § 11110Printed as Section 14606, 20001, 20002, 20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of this code
- Veh. Code, § 11215Printed as Section 20001, 20002, 20003, 20004, 20006, 20008, 23103, 23104, 23105, 23152, or 23153 of this code
- Veh. Code, § 12810Printed as Section 23152 or 23153
- Veh. Code, § 13209Printed as Section 23152 or 23153
- Veh. Code, § 13350Printed as Section 23152
- Veh. Code, § 13352Printed as Section 23152 | Section 23152 or 23153
- Veh. Code, § 13352.1Printed as Section 23152
- Veh. Code, § 13352.3Printed as Section 23152 or 23153
- Veh. Code, § 13352.5Printed as Section 23152
- Veh. Code, § 13352.6Printed as Section 23140, 23152, or 23153
- Veh. Code, § 13353Printed as Section 23140, 23152, or 23153
- Veh. Code, § 13353.1Printed as Section 23140, 23152, or 23153
- Veh. Code, § 13353.2Printed as Section 23140, 23152, or 23153 | Section 23152 or 23153
- Veh. Code, § 13353.3Printed as Section 23140, 23152, or 23153 | Section 23152 or 23153
- Veh. Code, § 13353.6Printed as Section 23140, 23152, or 23153 | Section 23152 or 23153
- Veh. Code, § 13353.7Printed as Section 23140, 23152, or 23153 | Section 23140, 23152, or 23153 of this code | Section 23152 or 23153
- Veh. Code, § 13353.75Printed as Section 23140, 23152, or 23153 | Section 23152 or 23153
- Veh. Code, § 13353.8Printed as Section 23140, 23152, 23153 | Section 23140, 23152, or 23153
- Veh. Code, § 13380Printed as Section 23136, 23140, 23152, or 23153 | Section 23140, 23152, or 23153
- Veh. Code, § 13382Printed as Section 23152 or 23153
- Veh. Code, § 13389Printed as Section 23152 or 23153
- Veh. Code, § 13557Printed as Section 23136, 23140, 23152, 23153, or 23154 | Section 23152 or 23153
- Veh. Code, § 13800Printed as Section 23103.5, 23152, 23153, 23222, or 23224
- Veh. Code, § 13954Printed as Section 23152 or 23153
- Veh. Code, § 14601.2Printed as Section 23152 or 23153
- Veh. Code, § 14602.8Printed as Section 23140, 23152, or 23153
- Veh. Code, § 15210Printed as Section 23152
- Veh. Code, § 15300Printed as Section 23152
- Veh. Code, § 15302Printed as Section 23152
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.