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Arrested for DUI. What court offer should I accept?

Los Angeles, CA |

I was arrested for DUI in LA back in OCT 2012. My blood test came back at .12. The judge asked me if I wanted to plead guilty to the first DUI count or the second one. The judge said I should plead to the driving over thE .08 legal limit count. BUt it seems of me the impairment count is the way to go. What's the difference? Does it matter? Which should count should I pick?

Attorney Answers 6


That is a pretty standard plea deal, as the penalty and effect on your insurance will be the same. I don't think there is a legal benefit to either, it comes down to personal choice.

(a) is not saying you are over the limit, but you were impaired.
(b) is not saying you were impaired, but you were over the legal limit.

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John M. Kaman

John M. Kaman


As Mr. Driessen pointed out you plead to the b count because it does not involve an admission that you had drugs in your system.


Some people like the b because it eliminates the drugs language and the you were under the influence. It really makes no difference.

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at

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Without knowing the facts of your case it is too difficult to tell whether either plea would be an appropriate one. You should consider a consultation with an attorney about the facts of your case.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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If you plead guilty or no contest to the 23152(a) count, you are pleading guilty to being under the influence of "drugs or alcohol". Whereas, the 23152(b) count does not involve drugs. Rather, it simply refers to having a blood alcohol content of .08 or higher. Taking the latter plea will ensure you do not have any drug conviction on your record.

In any case, I recommend that you discuss your case with an attorney before entering a plea. Good luck!

Disclaimer: Please note that this is not legal advice, but informational, and in no way formed an attorney-client relationship. Contact Info: Sedrak Yenikomshuyan, Esq. 4730 Woodman Avenue, Suite 405 Sherman Oaks, California 91423 (818) 804-1712 tel (818) 475-1505 fax

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Is there a door number 3 that says should I talk to a lawyer about my defense before taking a plea? That should be the question you ask here.

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Good Grief!, a .12 is very defendable, under most circcumstances, so steer clear of any attorney who starts out the conversation by discussing which of the DUI counts you should plead guilty to!!!! I would never plead a client to DUI, (a) or (b), on a .12, and I don't believe in wets. Get a real DUI lawyer [there are many over there] and fight this thing.

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