Can I Still Get a DUI with a BAC below .08 in California?
Driving under the influence (DUI) laws are stringent in California, aiming to ensure road safety and prevent accidents caused by impaired drivers. While the legal blood alcohol concentration (BAC) limit is commonly known as 0.08%, many individuals wonder whether they can still face DUI charges if their blood alcohol content is below this threshold. In California DUI cases, blood alcohol content is a measure of possible impairment, and you can still face legal implications even if your BAC is below the legal limit.
If you have been arrested for DUI in California, whether your BAC was below or above 0.08%, it is crucial to seek legal assistance immediately. At Aron Law Firm, we are knowledgeable in DUI defense and understand the intricacies of California’s DUI laws. When you partner with our firm, we will review your case, explain your rights, and work tirelessly to achieve the best possible outcome.
Can You Be Convicted of DUI in California if Your Blood Alcohol Concentration Was Under 0.08%?
Yes, you may still get a DUI in California if your blood alcohol level is under the 0.08% limit.
It is a long-standing myth that if you blow below the legal limit on a breathalyzer test, even after you have had a few drinks, you cannot be arrested or charged with DUI. A breath test measures your blood alcohol concentration (BAC) and can have significant legal implications in DUI cases. An individual is considered to be under the influence – regardless of BAC – anytime they are no longer able to drive as well as a prudent, sober person under similar circumstances. Likewise, the law imposes an even lower limit for commercial, taxi, limo, rideshare, and underage drivers.
Alcohol affects individuals differently based on various factors such as weight, tolerance, and metabolism. Even with a BAC below 0.08%, alcohol can still impair judgment, reaction time, and coordination, increasing the risk of accidents on the road. It is essential to recognize that any amount of alcohol consumption can impair driving ability and pose a danger to oneself and others.
When Might You Be Charged With DUI Under California DUI Laws With a Legal BAC?
California DUI law states that an individual may be found guilty of driving under the influence, even if their BAC is under the legal limit, as long as certain conditions are met. This includes the following:
- Impairment: The driver is unable to operate the vehicle safely due to alcohol or drugs.
- Observable signs: The driver exhibits signs of intoxication, such as slurred speech or erratic driving.
- Chemical tests: The driver fails field sobriety tests or chemical tests, even if the BAC is below .08%.
Refusing to take a chemical test after being lawfully arrested for DUI can result in severe consequences, including suspension or revocation of your driver’s license.
You Were Too Impaired to Drive Based on a Blood or Breath Test
If an officer observes signs of impairment such as erratic driving, slurred speech, or impaired coordination, they may initiate a DUI investigation, which often includes a blood or breath test, and arrest the driver, even if their BAC is below 0.08%. In California, those arrested for DUI are typically charged with two different offenses: driving under the influence, as stated in California Vehicle Code Section 23152(a), and driving with a BAC of 0.08%, according to California Vehicle Code Section 23152(b). A California DUI police officer plays a crucial role in determining impairment through these tests and observations.
If a driver has a BAC of less than 0.08%, they may not be charged under California Vehicle Code Section 23152(b). However, charges still may be possible under California Vehicle Code Section 23152(a).
Primarily, a conviction may be substantiated if the prosecutor demonstrates that even though you were under the legal limit, you were too impaired by the alcohol in your system to be driving. Evidence presented may include a video of you swerving or driving hazardously from the dashcam, your appearance, your inability to perform field sobriety tests, and statements made at the traffic stop.
You Are a Commercial, Taxi, Limo, Rideshare, or Underage Driver
The law imposes an even lower limit for underage, rideshare, commercial, taxi, and limo drivers. Specifically, the limits are the following:
- Adult drivers (non-commercial vehicles): 0.08%
- Commercial drivers: 0.04%
- Taxi, limo, and ride-sharing drivers: 0.04%
- Underage drivers: 0.05%
Likewise, California state laws also set a .01% BAC limit for people who have previously pled guilty to or not contested a DUI charge and are still on probation. If it is confirmed that you drove with a BAC of .01% or higher while on probation, your driver’s license may be automatically suspended for a year.
It is also important to note that the California DMV may not issue an administrative driver’s license suspension for drivers whose BAC is under the 0.08% threshold. Prosecutors, on the other hand, have more discretion to charge DUI offenses when a driver has a BAC under 0.08%. Additionally, individuals on DUI probation face stricter limitations on alcohol consumption and must comply with regular testing to avoid further legal consequences.
Contact an Experienced DUI Defense Lawyer at Aron Law Firm
California DUI cases can be complex and require specialized legal expertise. Although a BAC below 0.08% may result in DUI charges, drivers with a BAC significantly above the legal limit may face enhanced penalties. California imposes harsher penalties for DUI offenses involving high BAC levels, including longer license suspensions, mandatory alcohol education programs, and increased fines.
If you or a loved one is facing a DUI charge, speak with a trusted DUI defense attorney as soon as possible. Aron Law Firm is here to protect your rights by investigating your case in detail and working to build you a robust defense. We are well-versed in DUI defense law and may help you avoid the consequences that stem from this offense.
At Aron Law Firm, we have experience protecting clients from a wide variety of criminal charges. We take a client-centered approach that aims to make the legal process as painless as possible. To speak with a criminal defense attorney, schedule a consultation by calling (805) 618-1768 or completing our contact form today.
EXPERTLY REVIEWED BY
William M. Aron
June 26, 2024
Former Deputy District Attorney William Aron received his Juris Doctorate from the Duke School of Law and has amassed 20 years of experience practicing law. Attorney Aron dedicates his practice to defending the accused, and is devoted to keeping his clients out of prison.
