A violation of VC Section 23152(A) applies if you were arrested based on evidence that your actual mental or physical driving abilities were impaired. The VC Section 23152(B) violation is what is referred to as a “per se” offense. An individual can be convicted of this offense even if the person drives perfectly and exhibits minimal signs of physical or mental signs of intoxication. A “per se” violation only requires the prosecutor to prove that a lawfully administered chemical test of blood, breath or urine established that driver was operating a motor vehicle with a blood alcohol concentration (BAC) of .08 or higher.