Driving under the influence is a criminal offense in California.
Under 23152(a) it is illegal to drive a motor vehicle under the influence of alcohol or a controlled substance. This is a traditional DUI offense in California.
Under 23152(b), you may be charged with a DUI if you have a blood alcohol concentration of 0.08% or more. This is called a DUI per se (Latin for “by itself,” which means a BAC of 0.08 is by itself enough to be guilty of a DUI).
Not that you can be convicted of a DUI if the prosecution proves either. This means you do not have to be at the BAC legal limit of 0.08% to be convicted of DUI.
If convicted, these offenses are combined and you may be sentenced under either provision of this statute but not both
Attorney in Charge
Joel C. Renk, Esq.
Criminal Defense
Mr. Renk has represented 1000s of clients over his career, including those charged with misdemeanors such as DUI, driving under the influence, assault, battery, and vandalism to felonies such as murder, manslaughter, involuntary manslaughter, vehicular manslaughter, attempted murder, mayhem, torture, kidnapping, robbery, carjacking, false imprisonment, felony assault, rape, unlawful sodomy, oral copulation or foreign penetration, lewd acts on a child, child endangerment, domestic violence, felony threats, grand theft, grand theft auto, identity theft, receiving stolen property, fraud, drug charges, gang charges/enhancements, and unlawful possession of firearms/ammunition.
OVERVIEW OF CALIFORNIA DUI LAW