There are several situations where you can be charged with a DUI even if you are below the legal limit.
For most drivers in California, the legal limit for driving under the influence of alcohol is a blood alcohol content (BAC) of .08 percent or greater. In other words, it is illegal to drive if your BAC is .08% or greater, unless you fall into certain categories — such as if you are under the age of 21, are currently on DUI probation or are driving a commercial vehicle with a commercial drivers’ license. However, what many people do not realize is that even if you have a BAC of below .08 percent, you can still be charged with a DUI under California law.
That is because California law allows drivers to be charged with DUIs in two separate ways: either for driving with a BAC of .08% or higher OR for driving in a way that your ability to safely was impaired by alcohol. Under California Vehicle Code Section 23152(f), “it is unlawful for a person who is under the influence of any drug to drive a vehicle.” For purposes of this subsection, alcohol can be considered a drug — and if the prosecution can prove that your ability to drive was impacted by your use of alcohol or drugs, you could be charged with a DUI.
As Orange County DUI defense lawyers, we have seen this happen in a number of ways. For example, if a person does not typically drink alcohol and had a relatively small amount of alcohol, his or her ability to drive safely might be significantly impaired. This amount of alcohol — say, two beers — might not affect most people in the same way. But for this person, it caused him or her to be unsteady on his or her feet, have blurry vision, and slower reaction times. Even if his or her BAC was far below .08%, the prosecutor could still charge that person with a DUI because of the impact that the alcohol had on his or her ability to drive safely. The case could be proven by other evidence of impairment, such as the results of a field sobriety test or a police officer’s observations. Remember that you are not obligated to perform a field sobriety test, and can politely decline to do so if you are pulled over.
Another way that you may be charged with a DUI if your BAC is below the legal limit is if you combined alcohol with prescription or over-the-counter medication. The alcohol could increase the effects of the drug, causing you to have a loss of coordination, decreased reaction time, or other impairments. A prosecutor could argue that this meant that your ability to drive safely was impaired and that you are guilty of a DUI even though your BAC was below .08%.
In cases where your BAC is below .08% BAC, the prosecutor may have a more difficult time proving that you were impaired. That is why it is so important to hire a knowledgeable, aggressive Orange County DUI defense lawyer to represent you. A skilled attorney can often plead your case down to a lower charge, such as a wet reckless, or even have the case dismissed if there is insufficient evidence that you were truly impaired.
At the Chambers Law Firm, we are experienced at handling all types of DUI cases, including those where our clients’ BAC was below the legal limit. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you if you have been charged with a DUI.
