CVC 23152(a) DUI Ticket Help | Understand & Fight Your California DUI
Driving under the influence of alcohol or drugs
Written by
Violation category
General Traffic
Base fine
$35
Estimated total cost
Includes court fees and assessments
DMV points
2 points
What is California Vehicle Code CVC 23152(a)?
Driving under the influence of alcohol or drugs
Common scenarios
- You were stopped for a broken taillight, but the officer didn’t have a legal reason to pull you over, so the DUI evidence might be thrown out.
- You took prescription medicine that made you look impaired, but you weren’t drunk or high. This can be a defense if you explain it clearly.
- The breathalyzer machine wasn’t calibrated correctly, so the results can’t be trusted.
Key facts
- You don’t have to fail a breath test to be charged: Even if your blood alcohol content (BAC) is below the legal limit, you can still be charged if the officer believes you’re impaired.
- Penalties can include fines, license suspension, and more: A DUI conviction can lead to fines, a suspended license, mandatory classes, or even jail time, especially if it’s not your first offense.
- You have the right to a court hearing: You can choose to fight the ticket in court, ask for a plea deal, or accept the charges. Going to court is your chance to explain your side.
Fine breakdown for CVC 23152(a)
| Category | Estimated amount |
|---|---|
| Base fine | $35 |
| Court & county surcharges (estimate) | $133 |
| Total estimated out-of-pocket | $168 |
County fees can multiply the base fine by 3–5x. ClerkHero confirms exact totals using your ticket details.
What is CVC 23152(a)?
This law means you can’t drive if you’re under the influence of alcohol or drugs. It’s called a DUI (Driving Under the Influence). The police believe your ability to drive safely is affected by what you drank or took.
Getting this ticket can feel scary and confusing. But don’t worry — understanding what’s going on helps you make smart choices.
What does "under the influence" mean?
It means your body or mind is affected enough by alcohol or drugs that you can’t drive safely. It doesn’t have to be a lot — even a small amount can count if it changes how you drive.
Why is this serious?
Driving while impaired puts you and others at risk. That’s why California takes it seriously and has strict penalties.
What happens next?
You’ll get a court date. You can fight the ticket, ask for a reduction, or accept the penalty. Knowing your options helps you feel more in control.
What you can do now:
- Read your ticket carefully.
- Consider talking to a traffic lawyer or using a service like ClerkHero to help.
- Gather any evidence or notes about what happened.
Remember: You’re not alone. Many people get this ticket and handle it successfully.
If you want to fight or understand your case better, keep reading for common defenses, examples, and answers to your questions.
Defense ideas you can use in your TR-205 packet
Every ticket is different, but these arguments often surface in successful Trial-by-Declaration defenses. ClerkHero tailors the narrative to match your facts and any evidence you upload.
Defense 1
The officer didn’t have a good reason to stop your car in the first place.
Defense 2
The field sobriety tests or breathalyzer were done wrong or the equipment was faulty.
Defense 3
You weren’t actually impaired — your behavior or appearance was caused by something else (like medication or fatigue).
Defense 4
The officer didn’t follow proper procedures during the arrest.
Defense 5
There wasn’t enough evidence to prove you were driving under the influence.
We can help fight your ticket CVC 23152(a) online
ClerkHero builds your entire TR-205 defense packet automatically. No lawyer. No court visit. No confusing forms. Just upload your ticket and we handle the rest.
Step 1
Upload your ticket
We extract all violation details using hybrid OCR and AI. Works for handwritten, camera, and printed citations.
Step 2
We generate your defense
You answer a few questions. We craft a TR-205 defense letter tailored to this exact violation code.
Step 3
Sign, mail, and track
You receive a complete filing packet with step-by-step instructions. Never miss a deadline again.
Frequently asked questions about CVC 23152(a)
Can I refuse a breathalyzer test?
You can refuse, but California has "implied consent" laws. That means refusing usually leads to automatic license suspension and can hurt your case.
What if I was just tired or sick, not drunk?
You can explain this as a defense. Sometimes officers mistake tiredness or illness for intoxication.
How long will a DUI stay on my record?
A DUI stays on your driving record for 10 years in California. It can affect insurance rates and future tickets.
Should I get a lawyer for a DUI?
It’s a good idea. DUI cases can be complicated, and a lawyer or service like ClerkHero can help you understand your options and build a defense.
What if this is my first DUI?
First offenses often have lighter penalties, but it’s still serious. You might qualify for programs that reduce penalties if you complete them.