One DUI Arrest results in TWO charges filed

In California, if a person is stopped by a police officer and subsequently arrested for driving under the influence, the person will inevitably receive an indictment stating the client is being charged with TWO criminal charges (otherwise known as “counts”).  The arrestee will generally be charged with violating California Vehicle Code (CVC) §23152(a) AND §23152(b). 

California Vehicle Code (CVC) §23152 is the non-injury drunk driving statute. Non-injury drunk driving is more commonly referred to as “misdemeanor drunk driving”. CVC §23152(a) makes it illegal to drive a vehicle while under the influence of alcohol or drugs (or any combination of the two). CVC §23152 (b), a.k.a. the “per se” statute, makes it illegal to drive a vehicle with a blood or breath alcohol concentration (BAC), also known as blood alcohol level, of 0.08% or more

The difference between subdivisions (a) and (b) of §23152 is that evidence of alcohol or drug impairment is necessary for a conviction of violating subdivision (a), whereas under subdivision (b), only a minimum level blood or breath alcohol concentration need be proven.

In cases where there is no chemical test result, only (a) is charged because alcohol level is difficult to determine on the basis of impairment evidence alone. Obviously different people have different requirements of alcohol ingestion to show signs of impairment. In fact, some people are under the influence at alcohol levels as low as 0.05%, while others can have a BAC as high as .10 before showing signs of impairment. Therefore, chemical test evidence indicating a blood or breath alcohol level of 0.08% or more would probably be necessary for there to be legally sufficient evidence of violation of subdivision (b)

In most cases with chemical test results, both (a) and (b) will be charged, but a person is only subject to conviction on one of them. The key to a conviction for Subdivision (a) is that the officer must show signs of impairment. Simply having alcohol in your system is not sufficient for a conviction under CVC §23152(a).

For this reason alone, I always consult clients the avoid performing any Field Sobriety Tests (FST’s). By requesting a driver to perform FST’s, the officer is simply trying to record signs of impairment. The officer will then use his observations to establish that the driver was driving under the influence, even if the drivers’ BAC is below .08%!  By submitting to FST’s, you are assisting the officer to make a case against you for violating CVC §23152(a).

If you have been arrested for Driving Under the Influence in Huntington Beach, Newport Beach, Irvine, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Orange County criminal defense attorneys of Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .