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Why are there two charges for DUI?

Most drivers that are charged with DUI, DWI, or drunk driving are charged with violating both sections 23152(a) and 23152(b) of the vehicle code.

VC 23152(a) is the traditional offense of driving under the influence (DUI) of alcohol and/or drugs. Basically, it means that regardless of the amount of alcohol you consumed, the alcohol affected your ability to drive such that you were not able to drive like an ordinary, reasonable, prudent person who had not consumed any alcohol.

VC 23152(b) is the "per-se" offense. If your alcohol level is above .08%, you would be guilty regardless of how well you may have been driving.

However, even though you may be charged with or even convicted of drunk driving (DUI, DWI), you can only be punished for one. Your DUI attorney will advise you on the handling of this type of case.

DUI Information Center:

  • Stopped for DUI
  • Signs of Drunk Driving
  • Your Miranda Rights
  • Two Cases Associated with DUI
  • The DMV Hearing
  • Cost Of A DUI Conviction
  • After The DUI Arrest
  • Drunk Driving Per Se Hearing
  • Out-of-State DUI
  • FAQ About Drunk Driving
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