The Basic 23152a Versus 23152b Difference
Many people open their complaint and find two DUI counts for one night of driving. That is common in California. The 23152a versus 23152b distinction explains why. One count focuses on impairment, and the other focuses on a measured alcohol level.
Vehicle Code section 23152 makes both unlawful. Subdivision (a) covers driving under the influence of an alcoholic beverage. Subdivision (b) covers driving with 0.08 percent or more alcohol in the blood.
What Subdivision (a) Requires
The (a) charge asks whether alcohol impaired the person’s ability to drive. Unlike the (b) charge, it needs no number. Evidence often includes driving behavior, field tasks, statements and officer observations.
So a person with a test result below 0.08 can still face an (a) charge. The article on DUI below legal limit cases explains that situation.
What Subdivision (b) Requires
The (b) charge rests on the alcohol level at the time of driving. Section 23152 measures it as grams per 100 milliliters of blood or grams per 210 liters of breath.
Because tests happen after driving, the statute also adds a rebuttable presumption. If a test within three hours after driving shows 0.08 or more, the law presumes the level was 0.08 or more while driving. The defense may offer evidence to rebut it.
Why Prosecutors File Both
Each count can succeed or fail on its own evidence. So, for example, a jury could doubt the test but still find impairment, or the reverse. Filing both lets the prosecution present the full picture.
Even so, two counts do not mean two separate DUI histories. Lawyers on both sides can explain how the counts relate when the case resolves.
23152a Versus 23152b at Trial
At trial, the jury considers each count separately. Evidence that matters for one may matter less for the other. For example, a timing question about the test mostly affects the (b) count.
The guide on rising blood alcohol DUI questions explains that timing issue. The article on DUI jury trial procedure covers how juries receive the case.
Other Subdivisions Beyond 23152a Versus 23152b
Section 23152 has more parts. Subdivision (d) sets a 0.04 limit for commercial motor vehicles, and subdivision (e) sets a 0.04 limit when a passenger for hire is aboard. Subdivisions (f) and (g) cover drugs and the combined influence of alcohol and drugs.
Each of those subdivisions has its own proof, so a complaint may list them in different combinations.
What to Ask a Lawyer
First ask which evidence supports each count and which count looks weaker. Then ask how the 23152a versus 23152b counts may affect the DMV case, since the DMV looks at the 0.08 level separately. The article on DUI court versus DMV explains that split.