Skip to main content

CA Violation 23152 (A) VC / 23152(B) VC what do these charges mean?

Escondido, CA |

I got charged with a DUI, and I have no idea what CA VC 23152 A VC and CA VC 23152 B VC mean.

+ Read More

Attorney answers 4

Posted

These are the standard charges in CA DUI cases. The 23152 A VC charge accuses you of driving while impaired with alcohol and/or drugs. The 23152 B VC charge alleges that your blood alcohol content was .08 or above. If you just picked these up you have a DMV administrative hearing within 10 days. Don't skip it or forget it. It's the first step in the process so take an attorney with you.

Posted

The charges mean you have been charged for DUI. You can only be found guilty of one of the charges. They are restatements of one another. Go to www.dui-help.com to find an attorney in your area.

William Carlos Makler

William Carlos Makler

Posted

You can be convicted of both but the merge into a single sentence that can't be worse than if you had only been convicted of one.

Posted

23152 (b) VC is a per se charge, meaning, you are in violation of 23152 (b) VC if your blood or breath alcohol test reveals a result of 0.08% or more. 23152 (a) VCis a catch-all statute, meaning you can be in violation of this section if you were under the influence of alcohol or, alcohol and drugs. The difference is that you can be below a 0.08%, but still be impaired to be in violation of Vehicle Code 23152 (a). Many forensic scientists that work for the government will routinely say that you can be impaired at a 0.05%; this means that even if you are below a 0.08%, you may still be impaired according to the 23152 A VC law, meaning that the government can still charge you with a DUI.

I hope this sheds some light on the difference between the two DUI statutes under California law. Most are routinely charged with both offenses, but both must still be proven by proof beyond a reasonable doubt for one to be quilty of the offense.

Posted

Just to add to the what the other attorneys have said. These charges are very similar but require different elements to prove. Just because you are over a .08 bac does not automatically mean that you are impaired. They both have the same consequences. One is not necessarily worst then the other.

If this is a drug charge then there would be no B count.

Avvo DUI email series

Sign up to receive a 3-part series of useful information and legal advice about DUIs.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer