What is it?
23152A is a very generic DUI charge. It is the default DUI. This means you were driving a motor vehicle under the influence. This has nothing to do with what your blood alcohol was at the time of driving. Most of the time the legal limit is .08 of alcohol in your blood. A police officer’s description of your driving and a description of how you are fumbling thru your belongings and some bad field sobriety test will be enough to do you in for 23152 A. This is why lawyers often joke that there is no investigation during the field sobriety test and the officer is only looking for confirmation of the suspicion. .
Why is it charged with 23152 B?
There is some history here. A long time ago before I started practicing and when many of the district attorneys did as well. Many DUI attorneys were winning the 23152A count. (Generic DUI with officer’s description of driving pattern and Field Sobriety Test.) However, the laws changed in order to make it easier for people to prosecute those who drink and drive. They added the B count. This B Count is driving with a set level of alcohol in your system. The limit in California is .08 or higher.
What happens if I am not under the influence?
You can still be found guilty if you are not under the influence. The prosecution can go after you with driving with over .08 (the B count) in your system. The penalties are the same. It’s not fair but it is the way it is. This is unfair to the people who can hold their liquor and are experienced drinkers because they can still be found guilty regardless of 23152A. This will be explained away with alcohol tolerance. They can mask symptoms of alcohol consumption and not appear intoxicated. Unfortunately, if they are tested and there is more than an .08 of alcohol in their system things can get a little messy.