Most individuals charged with 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 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 both, you can only be punished for one. Your attorney will advise you on the handling of this type of case.