Attorney Kirk Tarman Explains The Defense Against The “A” Count In A DUI Arrest
California charges two DUI counts, explains San Bernardino attorney Kirk Tarman: the 'B' count (0.08 or above) and the 'A' count (actual impairment). The B count can only be fought over whether the driver was above 0.08 while driving. The A count is more open to argument—you can challenge the field sobriety performance, the driving, and the officer interaction.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
— why the impairment 'A' count is more open to challenge than the 'B' count
Frequently Asked Questions
What are California's two DUI counts?
The 'B' count (0.08 or above) and the 'A' count (actual impairment)—two separate ways to charge the same stop.
Which count is easier to challenge?
The 'A' impairment count is more open to argument, since you can challenge the field sobriety performance, the driving, and the officer interaction, while the 'B' count turns only on the number.
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