DUI Defense CVC 23152, CVC 23153
OVER 26 YEARS EXPERIENCE IN DUI DEFENSE, PROVEN TRACK RECORD, HIGHLY RATED AND REVIEWED DUI DEFENSE ATTORNEY, FORMER DUI PROSECUTOR
DUI Defense Attorney Richard Wagner's owns an impressive track record fighting California DUI charges. His success is a direct result of devoting long hours, hard work, and dedication to clients. Read Richard Wagner's bio.
Highly Rated and Reviewed DUI Defense Attorney
→ 2025 Southern California Super Lawyers Criminal Defense: DUI/DWI
→ Top 100 Lawyers by National Trial Lawyers
→ Top One Percent Attorneys by the National Association of Distinguished Counsel
→ Superb Attorney 10.0/10.0 Rating and 5-Star Reviews on AVVO
→ 5-Star Reviews on Google
→ 5-Star Reviews on Yelp
Clients value his attention to detail and his availability. Clients love how quickly Mr. Wagner returns calls, messages, and emails.
“I want to THANK Richard Wagner for getting my 2 counts of DUI dismissed and not losing my drivers license (no restrictions). He has great knowledge of the system and how to help you through the entire process. I couldn't imagine trying to do this without him. THANKS AGAIN!” D.C., Dana Point Read what former clients have to say
Richard Wagner has helped others with DUI charges by providing a well-crafted defense strategy. Here are a few of his victories to demonstrate his skill in DUI defense.
DUI Charges in California: The ABCs of VC 23152
DUI With No Injury
- VC 23152(a) DUI – driving under the influence of alcohol1
- VC 23152(b) DUI – driving with a blood alcohol concentration (BAC) of .08 percent or more2
- VC 23152(f) DUI – driving under the influence of a drug3
- VC 23152(g) DUI – driving under the combined influence of alcohol and a drug4
DUI With Injury
- VC 23153(a) DUI – driving under the influence of alcohol causing injury5
- VC 23153(b) DUI – driving with a BAC of .08 percent or more, causing injury6
- VC 23153(f) DUI – driving under the influence of a drug causing injury7
- VC 23153(g) DUI – driving under the combined influence of alcohol and drugs, causing injury8
Vehicle Code Section 23152(a) is the California law that prohibits driving under the influence of alcohol.
1. The first thing you should know about VC 23152(a) is that it allows the prosecutor to charge you with a DUI even when your blood-alcohol concentration (BAC) is below 0.08 percent. It is also not necessary for the prosecution to prove any specific degree of intoxication, only that you were “under the influence.” This can be very confusing, especially in cases where your breath or blood results are below 0.08 percent.
2. What is an “alcoholic beverage?” This may seem obvious; however, in some cases, it is less clear. Alcohol15 is also known as ethyl alcohol, grain alcohol, or drinking alcohol. The obvious examples include beer, wine, brandy, vodka, whiskey, and gin. Ethyl alcohol is a clear, colorless, flammable liquid and a central nervous system depressant.
Vehicle Code Section 23152(b) is the California law that prohibits driving with a blood-alcohol concentration of 0.08 percent or more.
- VC 23152b is sometimes called the “per se” DUI statute. That's because politicians have criminalized driving with a specified blood-alcohol concentration (BAC).
- Lawmakers have said that this particular blood-alcohol level is “excessive,” regardless of whether you are legally or actually too impaired to drive.
- If your BAC is 0.08 percent or more, you could be guilty of CVC 23152b or CVC 23153b, even if you were not “under the influence.”
- It is critical that the police are able to prove beyond a reasonable doubt the time of driving. If time of driving is an issue in your case, call (714) 721-4423 to speak with Richard Wagner.
Vehicle Code Section 23152(c) is the California law that prohibits driving if you are addicted to the use of any drug.9
Vehicle Code Section 23152(d) is the California law that prohibits driving a commercial vehicle with a BAC of 0.04 percent or more.10
Vehicle Code Section 23152(e) is the California law that prohibits driving “passenger for hire” vehicles, for example, Uber or Lyft drivers are not allowed to drive with a BAC of 0.04 percent or higher.11
Vehicle Code Section 23152(f) is the California law that prohibits driving if you are under the influence of a drug. Any drug.
1. The first thing you should know about DUI drugs is that when the prosecutor charges you, they are not required to prove you had a specific, measurable amount of the drug in your blood.
2. A fundamental principle of pharmacology is that the effect of a particular drug or drugs on a given individual cannot be predicted by the level of the drugs found in the blood.12 Read more about DUI Drugs
Vehicle Code Section 23152(g) is the California law that prohibits driving under the combined influence of alcohol and a drug.
What Does “Under the Influence” Mean?
The prosecutor must prove that your physical or mental abilities were impaired. This means that you no longer have the ability to drive a vehicle with caution.
This caution must be typical of a sober person of ordinary prudence in the same or similar circumstances.
Photo by Stanislav Ivanitskiy on Unsplash
It is illegal for a person who is:
❌ Addicted to the use of any drug to drive
❌ Under the influence of any drug to drive
❌ Under the combined influence of alcohol and drugs to drive.
❌ Driving over the legal limit – Driving with a blood alcohol content (BAC) of 0.08% or more.
Irvine DUI Defense Attorney Richard Wagner began his career as a DUI Prosecutor in Los Angeles. DUI Attorney Richard Wagner's talents extend to skillfully defending driving while having 0.08% alcohol in your blood.
California DUI Penalties for Commercial License Holders are Severe: A first DUI is a 1-year commercial license suspension. A second DUI conviction or suspension is a lifetime commercial license ban. It does not matter whether you were driving a commercial vehicle when you got the DUI. Read more about DUI License Suspensions and Restricted Licenses
Under 21 DUI
Vehicle Code Section 23140 is the California law that prohibits driving under the age of 21 with a BAC of 0.05 percent or more.13
Vehicle Code Section 23136 is the California law that prohibits driving under the age of 21 with a BAC of 0.01 percent or more.14
Minors can also be prosecuted under VC 23152 or VC 23153. Read more about WHAT HAPPENS IF YOU GET A DUI UNDER 21?
It is not uncommon for someone arrested for DUI to avoid a conviction and/or license suspension. This is possible when they hire DUI Attorney Richard Wagner.
California DUI law is complicated. DUI law changes frequently. This is one area of criminal law that is not worth leaving up to an amateur attorney with little or no experience.
Avoid hiring a lawyer who dabbles in DUI defense and does bankruptcy, family law, or insurance defense or personal injury on the side. Don't wing it by doing it yourself.
Abraham Lincoln said, “He who represents himself has a fool for a client.” You will dig yourself into a deeper hole. You become easy prey for the prosecutor.
Having an attorney defend you from the consequences of a DUI is important. It is built into the fabric of our Constitution: “In all criminal prosecutions, the accused shall enjoy the right to the Assistance of Counsel for his defense.”
To further show how critical it is that you get an attorney to assist you with your case if you cannot afford to hire an experienced DUI defense attorney, the law says the court must provide an attorney for you.
Consequences of DUI in Orange County, CA
DUI cases are not something the courts in Orange County take lightly. California DUI laws are strongly enforced, and violations carry severe consequences, including county jail and stiff fines.
One area where the DUI law changes regularly and rapidly in California is sentencing (DUI punishment).
DUI Attorney Richard Wagner is a tremendous resource regarding DUI sentencing law. He has a vast knowledge of California DUI penalties and punishments.
Call 714-421-4423 for a FREE DUI consultation to discuss the consequences of a DUI, California DUI Penalties, chemical testing, and the DMV and DUI Court processes.
1 California Vehicle Code Section 23152(a), says, "It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle."
2 California Vehicle Code Section 23152(b) says, "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."
3 California Vehicle Code Section 23152(f) says, "It is unlawful for a person who is under the influence of any drug to drive a vehicle."
4 California Vehicle Code Section 23152(g) says, "It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle."
5 California Vehicle Code 23153(a) says, "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."
6 California Vehicle Code 23153(b) says, "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."
7 California Vehicle Code 23153(f) says, "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."
8 California Vehicle Code 23153(g) says, "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."
9 California Vehicle Code Section 23152(c) says, "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."
10 California Vehicle Code Section 23152(d) says, "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..."
11 California Vehicle Code Section 23152(e) says, "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..."
12 Compton, R.P. and Berning, A., (February 2015) Drug and Alcohol Crash Risk, (Report No. DOT HS 812 117) Washington, DC: National Highway Traffic Safety Administration, p. 4 ("Caution should be exercised in assuming that drug presence implies driver impairment. Drug tests do not necessarily indicate current impairment. Also, in some cases, drug presence can be detected for a period of days or weeks after ingestion.")
13 California Vehicle Code Section 23140(a) says, "It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle."
14 California Vehicle Code Section 23136(a) says, "Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law."
15 Cal. Code Regs., Title 17, § 1215 subd. (a) "Alcohol" means the unique chemical compound, ethyl alcohol. When referencing compounds to be avoided, such as skin disinfectants, alcohol means any organic compound in which an hydroxyl functional group is bound to a saturated carbon atom.
