I got arrested for a DUI in Los Angeles and was charged with 2 counts (a) and (b)? What does it mean?
Facing Two DUI Charges for One DUI Arrest in Los Angeles? Here’s What You Need to Know
If you submitted to a breath or blood test and your BAC (Blood Alcohol Concentration) was above 0.08%, you will likely be charged with two separate DUI offenses under California law:
- California Vehicle Code §23152(a) – Driving under the influence (impaired driving)
- California Vehicle Code §23152(b) – Driving with a BAC of 0.08% or higher
Although it may seem like you’re being punished twice for the same incident, the legal consequences of a conviction for either or both charges are exactly the same.
Can You Be Convicted of Both DUI Charges in California?
Yes, you can be convicted of both VC 23152(a) and VC 23152(b), but California law does not allow multiple punishments for the same act. Under Penal Code §654, a person cannot receive double punishment for the same DUI incident, even when it results in two criminal counts.
In practice:
- Some counties, like Orange County, may want a guilty plea on both charges
- Other courts, such as in Los Angeles County, may accept a plea on only one count
Regardless, your punishment will not double. The fines, DUI school length, probation period, and jail exposure will remain the same whether you plead to one count or both.
Will Two DUI Convictions Count as Two Prior Offenses?
No. Even if you are convicted of both VC 23152(a) and VC 23152(b) for the same event, it will not count as two priorable DUIs on your DMV or criminal record. California law only counts separate incidents as prior DUI offenses.
What Is the Difference Between VC 23152(a) and VC 23152(b)?
The main difference between the two DUI charges lies in how the prosecution proves impairment:
- VC 23152(a) – Makes it illegal to drive while “under the influence” of alcohol, drugs, or a combination, regardless of BAC level. This charge is also used in cases where:
- The driver refuses chemical testing
- The BAC is below 0.08%, but the person is still impaired
- The driver is under the influence of marijuana, prescription drugs, or other substances
- VC 23152(b) – Applies specifically to alcohol, making it illegal to drive with a BAC of 0.08% or higher, even if the driver appears sober.
This charge targets those who “hold their liquor” but are legally over the limit.
Why Prosecutors File Both DUI Charges in Los Angeles DUI
Prosecutors routinely file both DUI counts to ensure they can secure a conviction even if one charge fails. This gives the prosecution flexibility depending on how the evidence is challenged in court, especially in cases involving borderline BAC results, refusals, or drug-based DUIs.
Talk to a Top Los Angeles DUI Attorney Today
If you’ve been charged with both DUI counts under California Vehicle Code §23152, you need an experienced and strategic defense. At Los Angeles DUI Attorneys, we know how to challenge chemical test results, dispute probable cause, and negotiate outcomes that protect your record, license, and freedom.
Call (818) 921-7744 for a free consultation with Attorney Alex Andryuschenko, a seasoned Los Angeles DUI defense attorney.
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