Legal Question in DUI Law in California

Re: subject

It is not common, but certainly possible, to charge in sub-.08% cases.

There are usually two criminal charges filed in DUI cases:

1. The traditional DUI offense -- that is, driving under the influence of alcohol. No blood-alcohol test is required, though it is relevant evidence of intoxication along with field sobriety tests, appearance, driving, etc. Thus, an over-.08% test result is technically unnecessary.

2. The so-called "per se" offense -- that is, driving with .08% or greater of blood-alcohol. Here, the procecution may attempt to claim that the suspect had a "falling BAC" -- that is, that his blood alcohol concentration was higher at the time of driving than at the time he was tested at the station. Of course, this is somewhat speculative.

So: cases can be filed under .08%, but they are usually weak.

Lawrence Taylor

Practice limited to DUI defense

Offices in Long Beach, Irvine, Carlsbad, Woodland Hills, Beverly Hills

http://www.DUIcentral.com