No. There are two standard charges you may face when you have been arrested for a DUI
23152 (a) – This is a charge that you were “Driving under the Influence.” Legally the idea is that no matter the blood alcohol if you were impaired to the point that it was unsafe for you to operate a vehicle you can subject to this charge.
You will see a charge of 23152(a) charges in cases where there was a “refusal” or “drug” charge.
23152( b) – Driving with over a .08 blood alcohol. This is what is known as an “alternative charge” to 23152 (A) .” In other words, the DA is allowed to argue that even if you were not impaired, if you were over the .08 legal limit you are guilty.Back to DUI Practice Area