DUI Charging

MISDEMEANOR DUI


HIGHLIGHTS

  • While the District Attorney typically charges VC 23152(a) and VC 23152(b), you can only be punished for a violation of one the sections
  • If a past DUI conviction occurred more than 10 years before the current offense, it will not be considered a prior

People are often confused when they see that two Vehicle Code sections are charged for a single DUI. Read below to find out more about why two vehicle code sections are charged, and what the District Attorney has to prove for someone to be convicted of a DUI.

VC 23152(A) AND (B)

When charging for a DUI for alcohol, the District Attorney charges two Vehicle Code (VC) sections: VC 23152(a) and VC 23152(b). Let’s talk more about what each of these sections entail.

VC 23152(a) doesn’t require that your BAC be at any particular level. It simply considers whether or not you drove “under the influence.” Someone is considered “under the influence” if they’re unable to operate a motor vehicle with the caution of a sober person. This means that you could be found guilty of VC 23152(a) with a BAC of less than .08.

VC 23152(b) requires that your BAC be at or above .08 to be found guilty. This means that you could be found guilty of VC 23152(b) with a BAC of .08.

PUNISHMENT

Although the District Attorney charges both of the above sections, you can only be punished for one of them. However, the District Attorney only has to prove one of the two sections beyond a reasonable doubt for an individual to be found guilty of a DUI.

10 YEAR “LOOK BACK” PERIOD

A previous DUI conviction is considered a “prior” if it occurred within 10 years of the new DUI charges. However, even if your previous DUI is outside the 10 year period, the District Attorney may still consider it when determining their offer to resolve the case.

OTHER POSSIBLE CHARGES

If an individual ingested drugs other than alcohol, or injured another person while DUI, charges other than VC 23152 (a) and (b) may be filed.



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