Veh. Code, § 23153 · Article 2. Offenses Involving Alcohol and Drugs
Veh. Code, § 23153
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
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 driving.
(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
(d) It is unlawful for a person, while having 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 and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. 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 performance of a chemical test within three hours after driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person, while having 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, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. 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 performance of a chemical test within three hours after driving.
(f) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 765, Sec. 2. (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=23153.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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.
Vehicle Code
Cited by 123 provisions
Provisions in this library whose text cites Veh. Code, § 23153; the first 50 in book order. Each shows the citation as that text prints it.
Harbors and Navigation 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 23153 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
- Pen. Code, § 1192.8Printed as Section 23153 of the Vehicle Code
- Pen. Code, § 1203.44Printed as Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code
- Pen. Code, § 1318.1Printed as Section 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 23153
- Veh. Code, § 13350.5Printed as Section 23153
- Veh. Code, § 13352Printed as Section 23152 or 23153 | Section 23153
- Veh. Code, § 13352.3Printed as Section 23152 or 23153
- 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, § 15300Printed as Section 23153
- Veh. Code, § 15302Printed as Section 23153
- Veh. Code, § 23103.5Printed as Section 23152 or 23153
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.