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My citation shows two different code sections, 23152(a) driving under the influence of alcohol and/or drugs; and 23152(b) .08 BAC or above. Why?

April 26, 2017alcohol Citation code different driving drugs influence shows

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My citation shows two different code sections, 23152(a) driving under the influence of alcohol and/or drugs; and 23152(b) .08 BAC or above. Why?

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There are two components to the Driving under the Influence sections of the California Vehicle Code. This is also true of the Driving under the Influence with Injury sections 23153. The A section alleges that no matter how much or how little alcohol (or drugs) (or a combination thereof) you consumed, that your ability to drive was impaired. The B section is what lawyers call a presumptive law, namely that if your blood alcohol is measured by a breathalyzer (breath test) or blood test to have a concentration of .08 or above you are legally presumed to be Driving under the Influence of Alcohol.