Driving Under the Influence: The “a” Count
Driving Under the Influence in California: Understanding Vehicle Code 23152(a)
If you’ve been arrested for driving under the influence (DUI) in California, one of the most common charges you’ll see is Vehicle Code section 23152(a). This statute makes it illegal to drive a motor vehicle while under the influence of alcohol, even if your blood alcohol concentration (BAC) is below the legal limit.
As a California defense attorney, I often explain to clients that 23152(a) is about impairment, not numbers. Understanding how this law works—and how prosecutors try to prove it—is the first step in protecting your rights.
What Is Vehicle Code 23152(a)?
California Vehicle Code 23152(a) states that:
It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
Unlike the more familiar 23152(b) charge, which is based on having a BAC of 0.08% or higher, subsection (a) focuses entirely on whether alcohol impaired your ability to drive.
In other words, you can be charged under 23152(a) even if your BAC is below 0.08%.
What Does “Under the Influence” Mean?
Under California law, a person is considered “under the influence” if alcohol has affected them to an appreciable degree, meaning it has impaired their ability to operate a vehicle with the caution of a sober person using ordinary care.
This is a somewhat subjective standard, and that matters a lot in DUI defense.
Prosecutors often rely on:
The officer’s observations (odor of alcohol, red eyes, slurred speech)
Driving pattern (weaving, speeding, stopping issues)
Field sobriety tests
Statements made by the driver
Chemical test results (if available)
No single factor is required—but each can be challenged.
You Can Be Charged With Both 23152(a) and 23152(b)
It’s very common for a DUI arrest to include both:
23152(a) – driving under the influence of alcohol
23152(b) – driving with a BAC of 0.08% or higher
While both charges may be filed, a defendant generally can only be punished once for a single DUI incident. Still, the presence of multiple charges gives prosecutors leverage—and makes having experienced legal representation critical.
Penalties for a 23152(a) DUI Conviction
Penalties depend on prior DUI history and case specifics, but a first-time misdemeanor DUI may include:
3 to 5 years of informal probation
Fines and penalty assessments (often totaling thousands of dollars)
DUI education program
Possible jail time (often avoided in first offenses)
Driver’s license suspension
Installation of an ignition interlock device (IID)
Aggravating factors—such as an accident, high BAC, or a minor in the vehicle—can significantly increase penalties.
Common Defenses to a 23152(a) Charge
Because 23152(a) is based on impairment rather than a specific BAC, it is often more defensible than people realize. Potential defenses may include:
No actual impairment: Alcohol consumption alone is not enough.
Unreliable field sobriety tests: These tests are subjective and often improperly administered.
Medical or physical conditions: Injuries, fatigue, or medical issues can mimic signs of intoxication.
Unlawful traffic stop: If the stop was illegal, evidence may be suppressed.
Officer bias or overinterpretation: Observations are not always objective.
Every case is fact-specific, and a careful review of the evidence can make a critical difference.
Why Early Legal Help Matters
In California, a DUI arrest triggers two separate cases:
The criminal court case
A DMV administrative license suspension
Strict deadlines apply—especially for requesting a DMV hearing. Speaking with a knowledgeable California DUI defense attorney as soon as possible can help preserve your driving privileges and build a strong defense from the start. If you’ve been arrested or charged with DUI in California, contact attorney Davis W. Hewitt to schedule a free 30-minute consultation at his office in Chico.
