What Is the Difference Between 23152(a) and 23152(b) in California DUI Law?
Understanding the Difference Between VC 23152(a) and VC 23152(b) DUI Charges
If you were recently arrested for DUI in California, you may have noticed that your paperwork includes two separate charges—even though there was only one arrest. This is completely normal and happens in the majority of DUI cases. Specifically, most DUI arrests involve charges under Vehicle Code 23152(a) and Vehicle Code 23152(b). These two sections address different legal theories: one focuses on whether you were impaired, and the other on whether your blood alcohol content (BAC) was 0.08% or higher.
So why does the state file both charges for the same incident?
In this guide, we’ll break down:
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What each DUI charge means
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The key differences between them
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Why prosecutors file both
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How this impacts your defense and potential penalties
If you’re facing DUI charges in Los Angeles, speaking with an experienced Los Angeles DUI attorney early in your case can make a big difference in the outcome.
What Is Vehicle Code 23152(a) DUI in California?
California Vehicle Code 23152(a) makes it a crime to drive “under the influence” of alcohol or drugs — even if your blood alcohol concentration (BAC) is below 0.08% or if no BAC test was taken at all.
This is often referred to as an impairment-based DUI. Prosecutors must prove that alcohol or drugs impaired your ability to drive like a cautious, sober person. This is typically based on the officer’s observations, such as:
- How you were driving
- Your behavior and appearance
- Field sobriety test results
- Slurred speech, red eyes, or unsteady movement
VC 23152(a) is commonly used when:
- You refused chemical testing
- Your BAC came back below 0.08%
- You are suspected of driving under the influence of drugs or a combination of substances
Can I Be Charged With DUI Without a BAC Test?
Yes. In California, you can still be charged with DUI even if you refused a breath or blood test—or if no chemical test was administered.
This is exactly what Vehicle Code 23152(a) covers. It makes it illegal to drive under the influence of alcohol or drugs, regardless of your blood alcohol concentration (BAC). If the arresting officer believes your mental or physical abilities were impaired to the extent that you couldn’t operate a vehicle safely, you can be prosecuted under 23152(a) without any BAC results.
Situations where this might happen:
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You refused to take a breath or blood test.
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The testing equipment was unavailable or malfunctioned.
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You were suspected of being under the influence of drugs or prescription medications, which aren’t reflected in a standard breathalyzer test.
In these cases, the prosecution relies heavily on:
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Driving behavior (weaving, speeding, running red lights)
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Field sobriety tests (FSTs)
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Officer observations (odor of alcohol, slurred speech, bloodshot eyes)
Even without a BAC reading, a DUI conviction is still possible if the evidence shows you were impaired while driving.
What Is VC 23152(b)? – DUI Based on a BAC of 0.08% or Higher
VC 23152(b) focuses strictly on your blood alcohol content. It makes it illegal to operate a vehicle with a BAC of 0.08% or more, regardless of whether you showed signs of impairment.
This is known as a “per se” DUI — meaning that if your BAC is at or above the legal limit, the law presumes you were too impaired to drive safely. Prosecutors do not need to prove erratic driving or other signs of impairment — the chemical test result alone is enough.
Evidence typically includes:
- Breathalyzer results
- Blood test analysis
- Toxicology reports
This charge is straightforward for prosecutors when chemical tests are performed and show a BAC over 0.08%.
Key Differences Between VC § 23152(a) and VC § 23152(b)
| Feature | VC § 23152(a) | VC § 23152(b) |
|---|---|---|
| What it prohibits | Driving while impaired by alcohol or drugs | Driving with a BAC of 0.08% or more |
| BAC Required? | No | Yes – 0.08%+ |
| Type of Evidence | Field sobriety tests, officer observations | Breath or blood test results |
| What Prosecutors Must Prove | Your ability to drive was impaired | Your BAC was 0.08% or higher at the time of driving |
| Common When | No test/refusal, low BAC, drug DUI | Chemical test performed, BAC over limit |
Why Am I Charged With Both VC 23152(a) and 23152(b) DUIs?
It’s very common for California prosecutors to file both Vehicle Code 23152(a) and 23152(b) after a single DUI arrest. While it may feel like you’re being accused of two separate crimes, you’re not—both charges are two different legal theories for the same incident.
Here’s why both appear:
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VC 23152(a) focuses on impairment — it applies when your driving appears unsafe or you’re suspected of being under the influence of drugs or alcohol, even without a BAC result.
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VC 23152(b) focuses strictly on your BAC being 0.08% or higher, regardless of whether you seemed impaired.
Prosecutors file both to cover all legal angles. If one charge is weakened by lack of evidence—such as a flawed test or a contested traffic stop—the other might still hold up in court.
This approach gives the district attorney added leverage during plea negotiations and helps them secure a conviction even if one part of the case doesn’t stand up to scrutiny.
Bottom line: You’re facing one DUI offense, just charged under two legal theories to increase the prosecution’s chances.
Why the Law Allows Dual Charges – Penal Code § 954
Under California Penal Code 954, prosecutors are allowed to file multiple charges based on the same act, as long as each charge represents a different legal theory.
In simple terms:
If one set of facts fits more than one legal definition, the prosecution can charge both.
In DUI cases:
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VC 23152(a) alleges you were too impaired to drive safely.
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VC 23152(b) alleges your BAC was 0.08% or higher, regardless of driving behavior.
Although both charges stem from a single incident, they are legally distinct, and Penal Code § 954 permits them to appear together in the same complaint.
The statute states:
“An accusatory pleading may charge two or more different offenses connected together in their commission…”
That’s why you’ll often see both 23152(a) and 23152(b) listed after a DUI arrest—even if it was just one stop, one test, and one incident.
Can You Be Convicted of Both 23152(a) and 23152(b)?
Yes—but you won’t be punished twice.
California law prohibits double punishment for the same act. While you can technically be convicted of both VC 23152(a) and 23152(b), the court will only sentence you for one of the charges.
Here’s how it typically works:
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Both charges may appear on your court record and plea paperwork.
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At sentencing, the judge will impose only one punishment.
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One conviction may be dismissed at sentencing to avoid double penalties under California law.
In many cases, your DUI defense attorney may negotiate with the prosecution to drop one charge in exchange for a plea to the other—especially if there are legal issues with the evidence (such as chemical test reliability or officer conduct).
Penalties for a First-Time DUI Under VC 23152(a) or (b)
A first-time DUI under either Vehicle Code § 23152(a) or § 23152(b) is typically charged as a misdemeanor. However, the consequences can still be serious and long-lasting.
Standard penalties for a first-time DUI may include:
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Up to 6 months in county jail
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$390 to $1,000 in base fines (plus penalty assessments totaling $1,500 to $2,500+)
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3 to 9 months of mandatory DUI education (DUI school)
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Driver’s license suspension for up to 10 months
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3 to 5 years of informal probation
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Ignition Interlock Device (IID) installation in certain counties
Aggravating factors can lead to enhanced penalties, including longer license suspension, increased jail time, or stricter probation terms. These include:
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Prior DUI convictions
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A BAC of 0.15% or higher
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Refusal to submit to chemical testing
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DUI involving a traffic collision, injuries, or child passengers
Important: The DMV can suspend your driver’s license independently of the court process. To challenge this, you must request a DMV hearing within 10 days of your arrest.
Why You Need a DUI Defense Attorney If You’re Facing Charges for Impairment and High BAC
Being charged with both driving under the influence and driving with a blood alcohol concentration (BAC) of 0.08% or higher can be overwhelming—especially for someone facing their first DUI arrest. But a charge is not the same as a conviction, and the right legal strategy can make a significant difference.
An experienced Los Angeles DUI defense attorney can:
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Challenge the legality of the stop or whether police had probable cause to pull you over
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Dispute field sobriety test results or officer observations that are subjective or poorly documented
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Review chemical testing procedures to identify errors in how your breath or blood test was administered
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Negotiate for reduced charges or alternative sentencing options like probation or DUI classes
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Represent you at your DMV hearing to fight for your driver’s license and driving privileges
In many cases, Attorney Hashemi can uncover flaws in the prosecution’s case—such as unreliable evidence or improper police procedures—and may be able to get one or both charges reduced or dismissed entirely.
Speak with a Los Angeles DUI Attorney Today
If you’ve been arrested for DUI and are facing charges in Los Angeles, don’t wait to get legal help. Early intervention by a skilled attorney can protect your license, reduce your risk of jail time, and give you the best chance at a favorable outcome.
Attorney Hashemi has over 20 years of experience handling DUI cases throughout Los Angeles County. Our firm understands the strategies that work—whether you’re dealing with a case involving alleged impairment, a high BAC, or both.
Your consultation is free, confidential, and designed to give you clarity on what to expect next.
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