The legal cut-off of .08 in the context of per se DUI is a crucial concept that some people may not fully grasp.  The legislature has determined that this threshold is where the line is drawn; if your blood alcohol level is at or above .08, you are deemed unable to operate a motor vehicle safely.

So, it's assumed that you're DUI if you blow a .08 or greater.  So, that's the problem you face when you are arrested and end up going to court, and they can prove that you're a .08 or greater.

If your blood alcohol level is close to .08, there is a better chance for your case to be dismissed or for you to receive a lesser charge. This possibility should be a source of hope and encouragement as you navigate the legal process. 

The reason is that the breath test is not 100% accurate, and even the prosecutor's experts have to admit that there is an error rate of .02. 

So, if you blew a .08, you could have been a .06, but you also could have been a .10.  So, that starts to make it a little tricky for the prosecutor, and if that's all you have is a .08.

Fortunately for them, the police know this problem and will do other things to solidify a DUI.  For example, they will note your driving behavior before you're arrested. 

So, suppose you're swerving all over the road, getting in an accident, or driving dangerously. In that case, that's certainly a symptom of somebody who is under the influence of alcohol and can't safely operate a motor vehicle. 

Field Sobriety Tests

Another thing that they do, if you know anything about DUIs and arrests and pullovers, is they're going to try to make you perform field sobriety tests. 

Those tests should be designed to determine whether someone can safely operate a motor vehicle if it involves drugs, like marijuana or other drugs; those DUI field sobriety tests are not as effective at determining whether somebody is under the influence of a drug versus alcohol. 

Suppose they think that you're under the influence of drugs. In that case, they will need to get what's called a drug recognition expert out there or bring you to the station where they will likely have one. Then, they will perform different tests than what the offices do for somebody who has been drinking alcohol.

Proving You Were Driving Under the Influence

That starts to give you an idea about what this whole .08 means.  The higher you are, the easier it will be for them to prove you are DUI; you're guilty of violating California Vehicle Code 22153(b) VC, which says your blood alcohol level is a .08 or greater.

If they can prove a .08 reading, they may think they have a strong case. However, a skilled criminal defense attorney can challenge this, showing that you may have been less intoxicated and passed most tests, thereby proving you are not DUI.

Another thing you have to be cognizant of, in addition to the per se DUI, is that another charge frequently charged in a DUI case is Vehicle Code 23152(a) VC, which says that you had alcohol in your system.

You couldn't safely operate a motor vehicle.  So, that's another way that they can get you. So, conceivably under that theory, you could be a .06 under the .08 and be unsafe to drive a motor vehicle, assuming they could prove it.

Experienced DUI Defense

I had one client who was driving. He ended up blowing a .06 while swatting at a bee in his car, losing control of his car, and hitting a house. 

We got the DUI dismissed and some traffic violations, but they initially filed it as a DUI.  So, you must realize the mentality of the people you are dealing with. 

Given the complexities and potential severity of DUI cases, it's clear that you need a skilled criminal defense attorney who has extensive experience with DUIs. This is not a situation to navigate alone. 

You've come to the right place.  I've been doing this for over 30 years. If you need the best, pick up the phone now.  Ask for a meeting with Ron Hedding.  I stand at the ready to help you.