Why Do You Get Charged with Two Separate Counts When You Get a DUI in California?
When you are arrested and charged with a Driving Under the Influence (DUI) charge in California, you may be wondering why you are being charged with two separate counts.
What is the difference between VC23152(a) and VC23152(b)?
In this blog post, we will explain each count and what the prosecution must prove to secure a conviction. We will also discuss some potential defenses that may be available to you.
What is VC23152?
VC23152 is the California statute that makes it a crime to drive under the influence of alcohol and/or drugs. The statute is divided into two sections: VC23152(a) and VC23152(b).
Therefore, when you are charged with a DUI charge involving alcohol, the State of California can charge you with two separate criminal charges.
At trial, the government does not need to prove both counts for you to be convicted of a priorable DUI. If you are found not guilty on one count and guilty on another, you will still be convicted of a priorable DUI.
What is VC23152(a)?
VC23152(a) is commonly referred to as the “driving under the influence” count. In order to be convicted of this offense, the prosecution must prove that you were driving a vehicle while under the influence of alcohol and/or drugs.
This can be established through evidence such as your Blood Alcohol Content (BAC), field sobriety tests, and/or your behavior at the time of your arrest.
It can also be proven through the eyewitness testimony of people who saw you driving at the time of the alleged incident.
What is VC23152(b)?
VC23152(b) is commonly referred to as the “driving with a blood alcohol content of .08 or higher” count.
In order to be convicted of this offense, the prosecution must prove that you were driving with a Blood Alchohol Content (BAC) of .08 or higher. This can be proven through a chemical test of your blood, breath, or urine.
At trial, the prosecution usually brings a criminalist as their expert witness to testify about the PAS and blood tests and results.
What are some potential defenses to VC23152(a) and VC23152(b)?
Some potential defenses to VC23152(a) and VC23152(b) include:
– The stop was unlawful
– The chemical test was inaccurate
– You were not actually driving (i.e., you were parked)
– You were not under the influence of alcohol and/or drugs
If you have been charged with a DUI in California, it is essential to consult with an experienced criminal defense attorney who can help fight your case.
WHAT SHOULD I DO IF I’VE BEEN CHARGED WITH A DUI CHARGE?
If you or a loved one is a charged with misdemeanor or felony DUI charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience.
They know the law and are not afraid to take your case to trial.
In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.
Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.
With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.
Call (866) 811-4255 right now for your free consultation.
We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.