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?
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.
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!
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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