Legal Question in DUI Law in California

Re: .06% DUI arrest

Both Mr. Miller and Mr. Kavinoky are dead-on accurate. The reason for the confusion in this area is that the law proscribes (makes illegal) BOTH driving while impaired by alcohol (regardless of the level of alcohol in your bloodstream), AND driving with a BAC of .08% or higher (regardless of whether you're impaired). So one who has a high tolerance for alcohol may not be impaired, but if his BAC was over .08% at the time of driving, he's guilty of CVC �23152(b). If one is a "lightweight," he could be impaired at a .05% and be guilty of �23152(a) (as Mr. Miller explained). Both are DUI and identically punishable, and the same in every other respect.

I, too, strongly urge you to get a lawyer to defend you on this. You clearly have a very defensible case. Good luck!

Re: .06% DUI arrest

Vigorously fight the prosecution and you should win-Martin

Re: .06% DUI arrest

Believe it or not, an arrest for DUI can be made at any blood alcohol level. Some counties, like here in Orange, where I practice, routinely prosecute people with blood alcohol levels below a .08% Blood Alcohol Concentration (BAC). Often the decision to arrest is dependent upon the performance on the field sobriety tests (balance & coordination) and the driving pattern (weaving, speeding or an accident, etc.). An officer can arrest for simply being under the influence of alcohol or drugs with no reference to your blood alcohol level at all! The District Attorney would then file a 23152(a) CVC charge, which is simply driving under the influence of alcohol. Again, this would likely be based on the police observations of your driving pattern and performance on the field sobriety tests.

If you would like someone to fight this case for you, or if you have any questions, please feel free to email me at [email protected], or call toll free at 1-877-568-2977. I look forward to helping you in any way that I can.

Re: .06% DUI arrest

Unfortunately, it is possible for the DA to prosecute a DUI case where the Blood Alcohol Level is below a .08 at the time of testing. This is especially true in some of the more conservative areas, such as Orange County or Ventura County. The DA will look at things like driving pattern, performance on FST's, and other signs of mental or physical impairment.

That said, a .06 case is a great case to fight in court. You should meet with a lawyer that specializes in DUI defense, who can discuss the particular facts of your case in detail.

If you would like to contact me by phone or e-mail, feel free. My toll-free number is (866) Got-a-dui. [866-468-2384], or e-mail me directly at [email protected].

Best of luck.

Darren