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                                                 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


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