I agree with my colleague above. The 0.08 the police noted is no doubt a reference to VC 23152(b), which he is alleging you violated. This is the only BAC statute you can violate other than one linked to DUI with injury (VC 23153(b)). So, the prosecution team will use the 0.12 to convict you of both counts as there is a legal inference that if your BAC is measured at 0.08 or greater within 3 hours of driving you are under the influence. The truth is that you may have actually been under a 0.08 even if your BAC was measured at 0.12. An experience DUI attorney will analyze the allegations surrounding your case, discover further evidence, and based on the analysis may be able to convince a jury there is reasonable doubt you were a 0.08 or greater. The circumstances of your stop are also at issue. You should seek to suppress all the evidence based on an violation of your 4th amendment rights against unreasonable search and seizure.