A DUI can be charged as a misdemeanor or a felony depending on the circumstances. For the majority of people arrested for driving under the Influence, you will be facing misdemeanor charges that are prosecuted by the Orange County District Attorney. Upon arrest, you will be issued a citation. Most likely, the charges on the citation will include violation of Vehicle Section 23152 (a) and/or (b).
Vehicle Code section 23152 (a) states that it is unlawful to drive while under the influence of alcohol and/or drugs. This statute is charged in every DUI case and includes those who are arrested but have a blood alcohol level that is under .08% or those that do not have alcohol present but may have illegal or prescription drugs present.
Vehicle Code section 23152 (b) states that it is unlawful to drive with a blood alcohol level of .08% or higher. Two things are important to remember. First, you can still be arrested for a DUI if your blood alcohol results are under .08%. Second, simply because your blood alcohol level is over .08%, it does not mean that you are automatically guilty. You are innocent until proven guilty. Finding the right legal advocate is the key to getting great results in your Orange County DUI case.