CALIFORNIA LEGAL CODE
California Vehicle Code § 23152
Driving Under the Influence (and Civil Claims)
Under California Vehicle Code § 23152, it is illegal to drive under the influence of alcohol or with a blood-alcohol level of 0.08% or more. A DUI is a crime — and in a civil injury case, a drunk driver’s violation is strong evidence of negligence and can support punitive damages.
Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.
Exact Statute Text
23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) 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…
Read the full, current section at the official source: Cal. Veh. Code § 23152 (leginfo).
In Plain English
- DUI is unlawful: driving under the influence, or at 0.08% BAC or higher, is a crime.
- Negligence per se: in a civil case, a DUI violation is strong evidence the driver was negligent.
- Punitive damages: drunk driving can support punitive damages under Civil Code § 3294 for conscious disregard of safety.
- Independent of the criminal case: you can pursue a civil claim whether or not the driver is criminally convicted.
Key Terms Defined
Driving under the influence
Operating a vehicle while impaired by alcohol, or at 0.08% BAC or more, under § 23152.
Negligence per se
A DUI violation is treated as evidence of negligence in a civil injury claim.
Punitive damages
Damages to punish and deter; drunk driving can qualify under Civil Code § 3294.
Purpose & Context
Section 23152 is California’s core DUI statute. For injury victims it also matters civilly: a drunk driver’s violation strongly supports negligence and can justify punitive damages, above and beyond compensation.
Real-World Example
A driver with a 0.12% BAC rear-ends and injures another motorist. The DUI is strong evidence of negligence; because driving drunk shows conscious disregard for safety, the injured person may also seek punitive damages under § 3294.
Vehicle Code § 23152 — civil takeaways
| Criminal (§ 23152) | Civil claim | |
|---|---|---|
| Who brings it | District Attorney | The injured person |
| Standard | Beyond a reasonable doubt | Preponderance of the evidence |
| Conviction required to sue? | — | No |
| Punitive damages | — | Available (Civ. Code § 3294) |
Related California Statutes
Why 23152 Matters
For injured people & families
A DUI makes negligence easy to establish and opens the door to punitive damages — a strong position for a drunk-driving victim. See our California drunk driving accident lawyer page.
For defendants
Beyond compensatory liability, a DUI exposes the driver to punitive damages for conscious disregard of others’ safety.
Frequently Asked Questions
Can I sue a drunk driver even without a DUI conviction?
Yes. A civil claim is independent of the criminal case; a DUI violation is strong evidence of negligence regardless of a conviction.
Can I get punitive damages against a drunk driver?
Often yes. Drunk driving can support punitive damages under Civil Code § 3294 for conscious disregard of safety.
What is the legal limit in California?
0.08% blood-alcohol content for most drivers under Vehicle Code § 23152(b).
How long do I have to file?
Generally two years from the injury under CCP § 335.1.
Joseph Shirazi — Managing Partner · California State Bar #265403
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California.
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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).
Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.
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