Can I Get a DUI in California if I’m Under .08%?

Driving under the influence (DUI) is a serious crime in California, and the legal penalties can be severe. It is a common misconception that if your breathalyzer test shows under .08 you cannot get a DUI. However, that is not the truth. There may be circumstances where a driver is charged with a DUI even with a BAC under the legal limit. If you are facing drunk driving charges it is imperative that you obtain legal representation. Contact a Tehama County DUI lawyer for more information and skilled advice.

Can I Get a DUI in CA if I’m Under .08%?

Yes, you can be charged with a DUI even if your BAC is less than .08%. Under California law, it is illegal to drive while under the influence of drugs or alcohol to the point that your ability to drive safely has been impaired.

While California Vehicle Code Section 23152(b) requires a BAC of .08 or greater, California Vehicle Code Section 23152(a) states that it is unlawful to drive a vehicle in a way consistent with being intoxicated. Alcohol affects everyone differently depending on their age, height, weight, and unique characteristics. Some people can drink more than others and be unaffected while others are considered “lightweights.”

If a driver is pulled over for swerving in between lanes and appears to be intoxicated, the officer will likely administer field sobriety tests and a breathalyzer. Even if the breathalyzer reads .06, they can be arrested for driving while ability impaired. They could not be charged under California Vehicle Code Section 23152(b) but they can be under California Vehicle Code Section 23152(a).

What Are the Penalties for a DUI in California?

Many factors are considered when determining the penalties and sentencing for a DUI. The consequences can be quite severe. A first-offense DUI will generally result in one or more of the following.

• Up to 1-year license suspension
• Up to 6 months in jail
• 3 to 5 years probation
• Fines of $390 to $1,000

The severity of the sentence can range from lenient to severe. One of the most common factors impacting how harsh a DUI sentence is is how high the individual’s BAC was. If an individual has less than .08 BAC they can still get a DUI but they will likely face less severe consequences.

Should I Hire a Lawyer?

If you are facing DUI charges when you had a BAC under .08 you are probably upset or confused. Ensuring your rights are respected is crucial when facing any criminal charges. A lawyer at Cohen Criminal Law can help assess your case and build a strong defensive strategy. Reach out to an experienced attorney today for more information.