California DUI Laws Surprise Defendants with Two Counts for One Crime

By: Wallin & Klarich

How Can I Be Found Guilty Of Two Counts For One DUI?

When you are stopped and arrested for Driving Under the Influence (DUI), by the time you get to court you might be surprised that you have been charged with two counts for the same DUI, or the same incident. That is because in California you can be charged under California Vehicle Code Section 23152(a) for driving under the influence of an alcoholic beverage and/or drug. Separately from the California Vehicle Code Section 23152(a) charge, you can also be charged under California Vehicle Code Section 23152(b) for having a blood alcohol content (BAC) of 0.08 or higher. Therefore, you can be charged and found guilty of two separate violations of the California Vehicle Code for one DUI incident.

In addition, under the California Vehicle Code, you can still be charged with a DUI in California even if you were driving under the legal BAC limit. You can also be charged with two misdemeanor counts for that one DUI incident. Therefore, it is important that you are fully advised of your rights and of the consequences of a guilty plea to any of these charges.

It is imperative that you hire an experienced law firm to defend your rights in court against either count. The Orange County DUI attorneys at Wallin & Klarich have over 30 years experience in handling DUI offenses, both misdemeanor and felony DUI charges, as well as any other criminal defense matter, and can aggressively and effectively represent you in court to fight to get your case resolved to your satisfaction.

For a free consultation to discuss your DUI offense please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at for more information.

Posted In: Criminal Defense