Why am I being charged with two different Vehicle Code Sections?

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May 27, 2016

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” or 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.

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

©NorCal Criminal Defense 2016