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The person who's arrested for DUI of alcohol in California
is generally charged with two separate crimes.
There's Vehicle Code Section 23152(a),
which is driving under the influence and Vehicle Code
Section 23152(b), which is driving
with a 0.08 BAC or higher.
Technically, these are two different crimes.
They're both misdemeanors.
If you reach an agreement with the prosecutor, a plea bargain,
then usually you will plead to one of these counts
and the prosecutor will dismiss the other one.
And even if you go to trial and you're convicted of both,
the (a) count and the (b) count, it still
is treated as only one DUI on your record.
So it's not like you could go down on both of these
and have two DUIs on your record.
Really, the way to think about it
is, it gives the prosecutor two bites at the apple or two
alternate ways to prove you guilty of DUI
in a particular situation.