California Vehicle Codes 23152(a) and (b): Compared and Contrasted
Most people arrested for DUI in California get charged with two offenses: Vehicle Code 23152(a) driving under the influence, and Vehicle Code 23152(b) driving with an excessive BAC (defined as .08 or higher). Although both crimes make up California DUI law, they define separate offenses. Moreover, it’s possible to commit each without committing the other.
A person violates Vehicle Code 23152(a) by driving when he is impaired by alcohol or drugs. This impairment may exist at various BAC levels. For instance, a driver who is especially sensitive to alcohol may become impaired at a .05 BAC. If proven, he would be in violation of 23152(a) VC, but not 23152(b) VC, since his BAC is still below the legal limit.
Conversely, a driver with a high tolerance for alcohol may have a .11 BAC, yet still not yet be “impaired” in his driving abilities. This driver would be in violation of 23152(b) VC, but not 23152(a) VC. His BAC may be excessive, but he’s nevertheless sober enough to where he’s not “under the influence.”
Stated another way, a low BAC is not necessarily a defense to a “driving under the influence” charge. And actual sobriety is not necessarily a defense to an “excessive BAC” charge. But regardless of technicalities, a low BAC or evidence of sobriety make it difficult for the prosecutor to prevail in any California DUI case.
