The short answer is yes, you can get a DUI (driving under the influence) even if your blood alcohol concentration (BAC) is below the legal limit of 0.08%. Having a BAC of 0.08% or higher is grounds for a “per se” DUI charge, but you can still face DUI allegations with a lower BAC if there’s evidence that your driving was impaired by alcohol or drugs.
Our experienced Los Angeles DUI lawyers understand the nuances of California’s complex drunk driving laws. In this article, we’ll explain how you can be charged with DUI despite being under the legal limit and what you can do to protect your rights if you’re facing these allegations.
Understanding California’s DUI Laws
California has two main types of DUI charges:
- Per Se DUI: It’s illegal to drive with a BAC of .08% or higher. If a chemical test shows your BAC is over the limit, you can be charged with DUI regardless of whether your driving was actually impaired.
- Impairment DUI: You can be charged if the prosecution can prove you were impaired by a substance like alcohol or drugs.
Under the impairment theory, the prosecution must show that alcohol and/or drugs affected your ability to drive with the caution and care of a sober person under similar circumstances. They may rely on evidence such as:
- Erratic driving behavior.
- Poor performance on field sobriety tests.
- Slurred speech, bloodshot eyes, or other physical signs of intoxication.
- Admissions to drinking or using drugs.
- Witness statements about your behavior.
For a free legal consultation, call (310) 896-2723
Factors That Can Lead to Impairment at Lower BACs
While everyone absorbs and metabolizes alcohol differently, certain factors can make you more susceptible to impairment at BACs below 0.08%:
- Medications: Some prescription and over-the-counter drugs can enhance the effects of alcohol or cause impairment on their own. Combining these substances with even small amounts of alcohol can lead to a DUI charge.
- Fatigue: Drowsiness can amplify the sedative effects of alcohol, making you more likely to swerve, drift, or display other signs of impaired driving.
- Inexperience: Newer drivers may be more affected by low levels of alcohol because they have less experience recognizing and compensating for its effects on their driving skills.
- Tolerance: If you don’t drink often, you may feel the impairing effects of alcohol more acutely than someone with a higher tolerance, even at the same BAC.
Remember, there’s no “safe” amount of alcohol to consume before driving. The only way to ensure you won’t be charged with DUI is to avoid getting behind the wheel after drinking altogether.
Legal BAC Limits for Certain Drivers
It’s also important to note that California has stricter BAC limits for certain drivers:
- Drivers under 21: Drivers under the legal drinking age can be charged with underage DUI with a BAC of just 0.01% under the state’s “zero tolerance” law.
- Commercial drivers: The legal limit for drivers of commercial vehicles is 0.04% BAC, half the limit for regular drivers.
- Drivers on DUI probation: If you’re on probation for a prior DUI conviction, you can be charged with DUI with a BAC of 0.01% or more.
Violating these lower BAC limits can lead to DUI charges, license suspension, and other penalties, even if you’re not an impaired driver.
Fighting a Low BAC DUI Charge
If you’re facing DUI charges despite having a BAC under 0.08%, don’t panic. There are many effective defenses an experienced DUI lawyer can raise on your behalf:
- Challenging the traffic stop: Police need a valid reason to pull you over, such as a traffic violation or reasonable suspicion of DUI. If the stop was unlawful, any evidence gathered after it may be suppressed.
- Disputing field sobriety tests: Field sobriety tests are often unreliable indicators of impairment, as many factors (fatigue, medical conditions, nerves) can affect your performance. Your attorney may be able to challenge the validity or administration of these tests.
- Questioning witness accounts: Witnesses may exaggerate or misinterpret signs of impairment, especially if they have a motive to do so (e.g., in the context of a DUI accident). Your lawyer can cross-examine witnesses to expose biases or inconsistencies in their testimony.
- Presenting evidence of sobriety: Your attorney may gather evidence to show you were not impaired, such as receipts showing a timeline of your drinking, witness statements attesting to your sobriety, or video footage of your behavior during the stop.
The key is to act quickly and consult with a knowledgeable DUI defense lawyer who can assess the strengths and weaknesses of your case and develop a tailored strategy to fight the charges.
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Get Help from a Skilled DUI Defense Attorney
It’s possible to get a DUI if your BAC is under .08%, and a DUI conviction can have devastating consequences on your life. Don’t try to face these charges on your own.
If you’ve been arrested for DUI in Southern California, contact the Simmrin Law Group today for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form