Vehicle Code 23152(e): DUI Law For Uber, Lyft, Taxi & Limo Drivers

California Vehicle Code 23152(e) which commenced on July 1st 2018, makes it a crime to drive with .04 or more blood alcohol concentration when a passenger for hire is a passenger in the vehicle at the time of the offense¹.

What Is Vehicle Code 23152(e) VC?

Taxi, limo, or ride-share drivers such as Uber or Lyft drivers, are now subject to arrest for DUI if your BAC is 0.04%², the same as that for a commercial driver under VC 23152(d)³.

What Does A Prosecutor Need To Prove For a Conviction Of  Vehicle Code § 23152(e) VC?

1. You were driving a motor vehicle and,
2. While driving, your BAC was .04 by weight or volume.

What Are The Penalties For VC 23152(e)?

A conviction under vehicle code section 23152(e) VC, is a misdemeanor for your first, second, and third offenses within a 10-year period.

A fourth conviction within this time frame can be charged as a felony.

Penalties for these convictions typically consist of:

If you do receive an administrative suspension, which may be identical to whatever the court imposes if you are convicted, you face:

1^st Offense License Consequences For VC 23152(e)

• 4-month administrative suspension of license
• 1-year suspension if you refused a blood or other chemical test
• If the court imposed a 6-month suspension, your suspension will be 6-months
• Eligible for a restricted driver’s license after 30-days of your suspension after you show proof of installation of anignition interlock system
• No restricted license if you refused a blood test

2^nd Offense

• 1-year administrative suspension of license
• Suspension increases to 2-years if convicted in criminal court of DUID
• An additional year of suspension if you refused a blood or other chemical test
• Eligible for a restricted license after 90-days and show proof of installation of an ignition interlock system
• No restricted license if you refused a blood or other chemical test

3^rd Offense

• 1-year suspension of license
• Suspension is increased to 3-years if convicted in criminal court of DUID
• An additional 2-years of suspension if you refused a blood or other chemical test
• Eligible for a restricted license after 18-months and show proof of installation of an ignition interlock system, and completed the first 12-months of a drug program
• No restricted license if you refused a blood or other chemical test

4^th Offense

• 4-year revocation of license 
• Habitual traffic offender status for 3-years (severe penalties if caught driving without a license)
• Not eligible for a restricted license

Is A License Revocation The Same As A Suspension?

A license revocation differs from a suspension. If suspended, you merely have to reinstate it once all conditions have been met and payment of fees is made.

A revocation means that you must take all the steps to apply for a new license as if you never had one.

Depending on your record and efforts at rehabilitation, the DMV has the discretion to not approve you for a license.  

Are There Any Consequences For Refusing A Chemical Test For Taxi, Limo Or Rideshare Drivers?

Your refusal to submit to a blood or DUI breath test will result in increased penalties including a longer suspension period without being eligible for a restricted license along with increased jail time and fines

For commercial drivers such as limo drivers who refuse to test, their CDL or commercial driver’s license, will be suspended for one year for a first refusal.

This extends to your driving any kind of motor vehicle.

A second refusal will result in the permanent revocation of your commercial driver’s license⁴.

VC 23152(e) Frequently Asked Questions

Can you drive for Uber or Lyft with a previous DUI conviction?

Answer: In California, you are not permitted to drive for Uber or Lyft if your prior DUI conviction was within the past 10-years. A DUI remains on your driving record for 10-years, so once it is removed it will not appear on a background check. However, if you have a felony DUI conviction, regardless of how long ago it was, neither company will allow you to drive for them.

Will you lose your ability to drive for Uber if convicted of VC § 23152(e)?

Answer: If convicted of DUI under this vehicle code section, you will lose your ability to drive for Uber or Lyft. This conviction is no different than being convicted of a DUI, which is alcohol-related, or a wet reckless. 

1. California Vehicle Code 23152(e) VC: “California’s DUI for taxi, limo or ride share drivers law” – Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. [↩]
2. California Vehicle Code § 23152(e) VC. [↩]
3. Vehicle Code § 23152 (d) VC; AB 2687 [↩]
4. VC § 15302; 49 CFR 383.51 [↩]