A DUI in California means driving under the influence of alcohol, drugs, or a combination of both. The charge lives in Vehicle Code 23152, and prosecutors can file it two different ways for the same arrest.
The first way is Vehicle Code 23152(a), which says you were actually impaired to the point that you couldn't drive with the care of a sober person. There's no magic number here. An officer can point to weaving, slurred speech, or a failed roadside test.
The second way is Vehicle Code 23152(b), the "per se" charge. This one says your blood alcohol concentration was 0.08 percent or higher, no matter how well you thought you were driving. For most people arrested after drinking, the DA charges both counts together.
DUI isn't only about alcohol. You can be charged for prescription medication, marijuana, or illegal drugs if they affected your ability to drive safely. Commercial drivers face a lower 0.04 percent limit, and drivers under 21 fall under a near zero-tolerance rule.
A DUI arrest actually triggers two separate cases: one in criminal court and one with the DMV over your license. They run on different clocks, and the DMV one moves fast.
If you're facing a first offense, our first DUI defense page walks through what comes next. To talk through your specific stop, call (858) 622-7280 or visit our contact page for a free, confidential consultation.
This is general information, not legal advice, and every case turns on its own facts.