CA DUI Laws: BAC Under.08 can still lead to a DUI arrest

Did you know that under California DUI law, a driver 21 years of age or older with a BAC below 0.08% can still face DUI charges? Most drivers know that driving with a BAC of .08% or higher will result in DUI charges; this is known as DUI per se. DUIs per se are straightforward. They are based on testing the level of alcohol in the driver’s blood. If the chemical test result is .08% or higher, it is an automatic DUI. However, under California DUI law, a driver age 21 or older can also be charged with a DUI with a BAC within the legal limit if their driving is impaired by drug or alcohol use.

California Vehicle Code 23152(a)

According to California Vehicle Code 23152(a), “it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.” Legally, you are “under the influence” if your “physical or mental capabilities are impaired to such an extent that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.” This type of DUI is much more subjective. To be charged with a DUI with a BAC below .08 simply requires that the officer have probable cause or reasonable suspicion that you are driving drunk. For example, a police officer may develop probable cause based on the observation of suspicious driving behavior. Suspicious driving behaviors include driving excessively fast or slow, changing lanes, failing to use turn signals, failing to stop at a stop sign, etc. After stopping the driver, the officer will look for behavioral signs or physical traits that indicate impairment to establish probable cause. Examples include red or bloodshot eyes, slurred speech, dilated pupils, an open container, slurred speech, the smell of alcohol, erratic behavior, etc.

California Implied Consent Law

If the officer sees signs that could indicate an impairment, he or she will ask you to complete a series of field sobriety tests that assess your mental and motor skills to identify if you have an impairment. California’s implied consent laws require anyone with a valid driver’s license to submit to drug and alcohol tests if an officer suspects that you are committing a DUI. After taking several field sobriety tests, the officer will likely ask you to submit to a breathalyzer. If you blow within the legal limit but performed poorly on field sobriety tests, the officer can still arrest you for DUI. Even if you refuse to blow, the officer can still arrest you if they think you are incapacitated. Under California’s implied consent laws, refusing to blow can result in the immediate suspension of your driver’s license. Fortunately, there are several California DUI Defenses to Vehicle Code 23152(a). A skilled and experienced California DUI attorney can help you fight your DUI charge and possibly get the charges reduced or even dismissed.

Driving under the influence of drugs in California

California DUI laws make it illegal to drive while “intoxicated” by any substance. If the officer witnesses signs of impairment as a result of drugs (legal or illegal), he can still be arrested for DUI/DWI. Law enforcement officials believe that the legalization of recreational marijuana will lead to an increase in DUI arrests in California. The lack of a precise scientific method to accurately measure the amount of THC affecting a person at a specific time gives law enforcement officials extraordinary discretionary power to arrest based on suspected intoxication.