What Do My DUI Charges Mean?
If you are facing DUI charges, it is important to familiarize yourself with the basic law of DUIs and common DUI charges in order to have a meaningful discussion with your criminal defense lawyer about your defenses. You may already know that that it is illegal to drive with a blood or breath alcohol level of .08 percent or higher. California considers the critical time in a DUI case to be at the time of driving.
Two Main DUI Charges Under California Vehicle Code
The two most common misdemeanor DUI offenses are outlined in California Vehicle Code sections 23152(a) and 23152(b).
- Vehicle Code Section 23152(b):
“It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” - Vehicle Code Section 23152(a):
“It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug to drive a vehicle.”
The “A” and “B” DUI Counts
When a person is arrested for a first-time misdemeanor DUI, prosecutors usually file both charges. These are commonly referred to as the “A” count (23152(a)) and the “B” count (23152(b)).
Understanding the “A” Count – Driver’s Condition
The “A” count focuses on whether the driver was under the influence at the time of driving. Prosecutors use evidence such as:
- Erratic driving behavior
- Physical appearance and symptoms
- Field sobriety test performance
- Responses to law enforcement questions
Even if a chemical test shows a blood alcohol concentration (BAC) below 0.08%, a driver can still be charged under 23152(a) if they are deemed unable to operate a vehicle safely due to alcohol or drugs. This charge is not based on a specific BAC level but rather on the driver’s impairment.
Understanding the “B” Count – Blood Alcohol Level
The “B” count is based strictly on BAC. Under 23152(b), it is illegal to drive with a BAC of 0.08% or higher, regardless of visible signs of impairment. This charge relies solely on chemical test results rather than observations of the driver’s condition.
Consequences of a DUI Conviction
A conviction for either charge results in a DUI conviction. Prosecutors typically charge both counts, and a plea deal may involve pleading guilty to either the “A” or the “B” count.
Take Immediate Action After a DUI Arrest
If you have been arrested for DUI, you have limited time to request a DMV administrative hearing. Failing to act quickly could result in the automatic suspension of your driver’s license.
Nana Knight is a Board-certified criminal law specialist and experienced DUI defense attorney in San Jose. Contact (408) 877-6177 for a free, confidential strategy session.
