Los Angeles DUI Under 0.08 Percent

Los Angeles DUI Under 0.08 Percent

Getting arrested for a DUI in Los Angeles can be scary, even if your blood alcohol content (BAC) is under 0.08%. Many people think that as long as they stay under the 0.08% legal limit, they’ll be fine to drive – but that’s not always the case. Let’s break down what a DUI under 0.08% means in Los Angeles, and what defenses you may have if charged.

What is the legal limit in California?

In California, it is illegal to drive with a BAC of 0.08% or higher[3]. This “per se” law means that if your BAC is 0.08% or above, you are automatically considered impaired and can be charged with a DUI. However, you can still be arrested and convicted of a DUI in California even if your BAC is below 0.08%[5].

DUI under 0.08% – “Driving under the influence”

California Vehicle Code 23152(a) covers “driving under the influence” DUIs[6]. This law makes it illegal to drive while impaired by alcohol or drugs, even if your BAC is below the 0.08% per se limit. If an officer believes you are too impaired to drive safely, you can be arrested and charged with a DUI under 0.08%.

Some signs of impairment include:

• Weaving or swerving
• Delayed response times
• Issues with coordination and balance
• Slurred speech
• Bloodshot or glassy eyes
• Odor of alcohol
• Failing field sobriety tests

The prosecution only needs to prove that your ability to drive was impaired. Your actual BAC is not relevant. Even if it is 0.01% or lower, you can still be convicted if the prosecution can show you were too impaired to operate a vehicle safely.

Penalties for DUI under 0.08%

A DUI under 0.08% is still a misdemeanor offense. Some potential penalties include:

• Up to 6 months in jail
• Fines up to $1,000
• Driver’s license suspension up to 6 months
• DUI education program
• Ignition interlock device required

The penalties tend to be lower than a regular DUI over 0.08%. But it will still negatively impact your criminal record, auto insurance rates, and ability to drive if convicted.

Defenses for DUI under 0.08%

There are several legal defenses that could potentially beat a DUI under 0.08% charge. Some common defenses include:

You were not actually impaired

Just because an officer says you appeared impaired does not make it true. There could be other reasons for your driving pattern or performance on field sobriety tests, like:

• Traffic conditions
• Medical conditions
• Lack of sleep
• Nerves or anxiety

If your attorney can show there was no actual impairment, you may be able to beat the DUI charge.

No probable cause for traffic stop

In order for the DUI arrest to be valid, the officer needs probable cause to pull you over initially. If the traffic stop was illegal, any evidence obtained afterwards could be excluded.

Field sobriety tests were inaccurate

These tests are subjective and can be unreliable indicators of impairment. Factors like poor lighting, weather, nervousness, or lack of proper instructions could lead to false failures.

Errors with chemical test

Even though your BAC was under 0.08%, the chemical test results could still be challenged. If the equipment was faulty or testing procedures were not followed, your BAC results could potentially be excluded from evidence.

Conclusion

Being arrested for a DUI is scary no matter what your BAC level is. Fortunately, experienced DUI attorneys know how to build a strong defense against these charges – even for DUIs under 0.08%. Don’t hesitate to call a lawyer if you are facing a DUI charge in Los Angeles.