Most Californians think you can only get a driving under the influence (DUI) charge if their blood alcohol content is 0.08% or above. However, you can still get a DUI in California when your blood alcohol level is below 0.08%.

If you or someone you know has been accused of driving under the influence and blew less than 0.08% on the breathalyzer, you still need a strong defense. The experienced criminal attorneys at Sigal Law Group have spent years helping individuals defend themselves from similar accusations. They will work tirelessly to help you mitigate any unnecessary punishments you might be facing. Contact our office today for a free consultation.

Two Types of DUI Crimes in California

In California, there are two kinds of DUI crimes – VC 23152(a) and VC 23152(b). The former states that individuals can be convicted of a DUI if their driving is impaired by alcohol, no matter their actual blood alcohol concentration (BAC). The latter states that an individual can be convicted of a DUI simply because their BAC is 0.08% or higher, and it does not matter if the driver felt sober and was driving safely at the time they were pulled over.

Under California law, law enforcement can charge an individual with a DUI for:

·        The results of their chemical test or field sobriety tests.

·        The officer can see the driver is intoxicated.

·        The driver cannot operate the vehicle safely because of drugs or alcohol.

Thus, the BAC level is just one factor law enforcement must consider when charging an individual with a DUI.

Defenses to DUI Charge in California

There are several defenses to DUI charges in California, including:

·        Proving your BAC was in the legal range when you were pulled over and rose to the illegal level hours later when your breath or blood was checked.

·        Showing the breathalyzer sample was tainted by burping, dental work, diabetes, GERD, mouthwash, etc.

·        Presenting proof that the chemical testing equipment was compromised in some way.

·        Proving that the police did not have reasonable suspicion or probable cause to pull you over in the first place.

Working with a skilled criminal defense team is the only way to ensure the best possible outcome for your case. Sigal Law Group can help. Contact our office today for a free consultation.