CVC 23152(b) DUI: Driving with 0.08% BAC or Higher Explained
Driving with blood alcohol concentration of 0.08% or higher
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(b)?
Driving with blood alcohol concentration of 0.08% or higher
Common scenarios
- You were stopped for a broken taillight, but the officer didn’t have a good reason to pull you over, making the stop illegal.
- You took a breath test right after drinking water and mouthwash, which can sometimes give a false high reading.
- You had a medical condition like acid reflux that can affect breathalyzer results, leading to a higher BAC reading than actual.
Key facts
- 0.08% BAC is the Legal Limit: In California, you can’t legally drive if your BAC is 0.08% or higher. This is based on scientific studies about alcohol’s effect on driving.
- Tests Must Be Accurate and Properly Administered: Breath and blood tests have strict rules. If the officer didn’t follow these rules, the test results might not count.
- You Have Rights During a DUI Stop: You can ask questions and request evidence. You also have the right to challenge the ticket in court.
Fine breakdown for CVC 23152(b)
| 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(b)?
This law means you can’t drive if your blood alcohol concentration (BAC) is 0.08% or higher. BAC is how much alcohol is in your blood. If you’re caught driving with a BAC this high, it’s called a DUI (Driving Under the Influence).
Why does this matter?
Alcohol affects your ability to drive safely. Even if you feel okay, your reaction time, judgment, and coordination are worse. The law sets 0.08% BAC as the limit because that’s when driving becomes unsafe.
What happens if you get this ticket?
You could face fines, a suspended license, or even jail time. But don’t panic! Many people fight these tickets successfully. Understanding your case and your rights is the first step.
What should you do now?
- Stay calm and read your ticket carefully.
- Consider if the breath or blood test was done correctly.
- Think about what happened before and during the stop.
- Get help if you want to challenge the ticket or reduce penalties.
Remember, you’re not alone. Many drivers feel confused and worried after a DUI ticket. Take it one step at a time — you can handle this.
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 breathalyzer or blood test was not administered correctly or the machine was faulty.
Defense 2
The officer didn’t have a legal reason to stop or detain you before the test.
Defense 3
Your BAC was actually below 0.08% due to timing or testing errors.
Defense 4
Medical conditions or medications affected the BAC test results.
Defense 5
Improper handling or storage of the blood sample caused inaccurate results.
We can help fight your ticket CVC 23152(b) 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(b)
Can I refuse a breath or blood test?
You can refuse, but California has "implied consent" laws. This means refusing can lead to automatic license suspension and other penalties.
What if I was below 0.08% but still charged?
Sometimes tests are wrong or done too late. You can ask for the test records and challenge the accuracy.
Will I lose my license right away?
You may get a temporary license, but the DMV can suspend it after 30 days if you don’t act fast. You can request a hearing to fight the suspension.
Can I get a lawyer to help me?
Yes! A lawyer or legal assistant can explain your options and help build a defense.
What penalties am I facing?
Penalties vary but can include fines, license suspension, DUI classes, or jail time. The exact punishment depends on your case details.