Can I Be Charged with DUI in California if My BAC Is Less Than 0.08%?
Generally, 0.08% is the legal limit for Blood Alcohol Concentration (“BAC”) in California while operating a personal motor vehicle. However, in some circumstances, you can be charged with a DUI even if your BAC is less than 0.08%.
Under the Influence of Alcohol
It is illegal in California to drive a vehicle when you are “under the influence of any alcoholic beverage.” While having a 0.08% BAC is one way to prove a DUI, you can also be charged if there is enough circumstantial evidence to prove you were under the influence.
Passage of Time Between Traffic Stop and The Test
If you wait to be taken to a police station for a breathalyzer test and a significant amount of time passes between when you were stopped and when the test occurs, you may be charged with a DUI even if you are found to have a BAC level lower than 0.08%. This is particularly likely if you test at 0.06% or 0.07% BAC after more than an hour since the stop occurred.
DUIs for Drug Usage
You may also receive a DUI if a police officer believes that you are under the influence of any drug while driving. In some cases, this may even include legal prescription drugs such as Xanax or Ativan.
Even if you have a Blood Alcohol Concentration level of less than 0.08%, you may be charged with a DUI if an officer has cause to believe that the usage of a drug has impaired your driving. For this to apply, an officer is only required to show that he or she observed a “noticeable impairment” in the way you were driving.
Commercial Vehicle BAC Limit of 0.04%
If you are operating a commercial vehicle or have a passenger as a rideshare (Uber/Lyft) driver, the legal BAC limit is 0.04%. Commercial vehicles include any vehicles that require a Class A or Class B license and some which require a Class C license with endorsements. Examples include driving with a double trailer attached or hazardous materials on board.
If on Probation for a Prior DUI, 0.01% Limit
If you’ve previously been found guilty of a DUI in California and are on probation for the offense, you may be charged with a new DUI offense if you’re found to have a detectable BAC level of 0.01% or more. In addition, failing to submit to a BAC test while on probation for a DUI offense could result in a 1 to 3-year suspension of your license to drive.
If Under the Age of 21, 0.05% Limit
Drivers under the age of 21 can be charged with a DUI offense if they test at 0.05% BAC or above.
Can I Refuse to Take a Breathalyzer Test?
It is not a separate crime to refuse to take a breathalyzer test when asked to do so at a traffic stop. If you are over 21, you have the right to refuse this on-site breathalyzer test without penalty.
However, if you are arrested and then refuse to take a test at the police station to measure your BAC, this may result in an automatic driver’s license suspension for one to three years.
How Can I Fight a DUI?
There are many possible defenses to a DUI charge. A few examples include:
- Your arrest was unlawful because the officer didn’t have reasonable suspicion to make a traffic stop.
- You weren’t operating the motor vehicle, such as if you were simply sleeping in the car.
- There were errors in the breathalyzer test that led to a faulty reading.
An accomplished criminal attorney can review your case and identify your best defenses against DUI charges.
If you have been charged with a DUI, you will need a seasoned criminal defense lawyer in Los Angeles, CA. The Chambers Law Firm is here for you. Reach out to us today at 714-760-4088 or info@orangecountyduifirm.com to schedule a no-obligation consultation.
