Legal Question in DUI Law in California

Generally speaking the number ".08" on the citation is NOT the alcohol level, it is reference to one of the two drunk driving statutes. In California, and most other states, you can be charged with DUI in two ways; common law or per se. Common law rrefers to pre-test days where a cop says, looks like a drunk, smells like a drunk, drives like a drunk, must be a drunk. It is totally based on opinion.

On the other hand, modern law allows for a per se charge, meaning you are presumed DUI if over the .08 percentage.

In California the common law is found in Vehicle Code Section 23152(a), commonly called the "a" count; whereas per se is 23152(b), the "b" count. Many police officers write on a ticket 23152 (a) DUI and 23152(b) .08

That is the likely answer