What the charges mean
Vehicle Code section 23152 contains several offenses. Subdivision (a) makes it a crime to drive under the influence of alcohol, and other subdivisions cover drugs or a combination. Subdivision (b) makes it a crime to drive with a blood alcohol concentration of 0.08% or more, whether or not you felt impaired. Prosecutors often file both counts together. Lower limits apply to commercial drivers, and drivers under 21 face separate zero tolerance rules.
A first DUI without injury is usually charged as a misdemeanor. A DUI that causes injury to another person falls under Vehicle Code section 23153 and can be charged as a felony. Prior DUI convictions within 10 years generally increase the consequences. The exact range of penalties for your case is something to review with an attorney who has seen the police report.
How the case moves through court
At the arraignment you hear the charges and enter a plea, usually not guilty at this stage. In many misdemeanor cases an attorney can appear for you, so you may not have to attend every hearing in person. Afterwards come pretrial conferences, where the defense receives the evidence, called discovery, and the parties discuss the case. Many cases are resolved by a negotiated plea; others go to motions or a jury trial.
Discovery in a DUI case can include the police report, dashcam or body camera video, the calibration and maintenance records of breath devices, and the blood test results. A defense attorney checks, for example, whether the stop was lawful, whether field sobriety tests were properly given and whether the chemical test was handled correctly. These questions can also matter for the DMV hearing.
- The arraignment date is on your citation or release papers.
- Missing a court date can lead to a bench warrant.
- A plea in court can have license, insurance and immigration consequences.
Possible outcomes
A DUI conviction in California typically involves probation, fines and assessments, a court-ordered DUI program and license consequences, and in some cases jail time or an ignition interlock requirement. In some cases the prosecution agrees to a reduced charge, such as reckless driving involving alcohol under Vehicle Code section 23103.5. A reduced charge can still count as a prior offense if you are arrested again.
If you are not a US citizen, hold a commercial license or need a professional license for your job, tell your attorney early. These factors can change which outcome is acceptable to you, and they are much easier to address before a plea than afterwards.
Your next steps
- Find your first court date on the citation or release papers and do not miss it.
- Do not plead guilty before someone has reviewed the police report and test results.
- Tell your attorney about prior offenses, your immigration status and any professional license.
Sources and legal basis
- Vehicle Code section 23152: Driving under the influence
- Vehicle Code section 23103.5: Alcohol-related reckless driving
- California Courts Self-Help Guide: Criminal law
General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.