The Two Drunk Driving Charges
- Stopped For Drunk Driving (DUI, DWI)
- Signs Of Drunk Driving (DUI, DWI)
- Breathalyzer Test
- Drunk Driving And Miranda
- The Two Drunk Driving (DUI, DWI) Charges
- DMV Hearings For Drunk Driving
- The Cost Of A Drunk Driving Conviction
- Arrested For Drunk Driving, What Now?
- What Can I Do For You?
- Drunk Driving Out-Of-State
- FAQ About Drunk Driving
Drunk Driving, Why two charges?
Most individuals charged with drunk driving (DUI, DWI) 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 drunk driving (DUI, DWI), you can only be punished for one. Your San Diego DUI attorney will advise you on the handling of this type of case.






