DUI with a Blood Alcohol Level of .15 or Greater
These are among the most severe California DUI cases, particularly in Los Angeles County. The higher your blood alcohol level, the more perilous you are perceived to be on the road, and this is a matter that should not be taken lightly.
Once you get over a .15, you're now better than double the legal limit. You put yourself in a category of DUI drivers that the prosecutors and judges are the most afraid of because the higher your blood alcohol level, the less safe you are on the road and the more likely you are to get in an accident and injure or kill somebody.
Prosecutors and judges are inclined to take a severe stance on high blood alcohol level cases. However, with the right legal representation, a positive outcome is within reach. It's crucial to engage a Los Angeles DUI attorney experienced in handling such cases to secure the best possible result for your DUI case.
Another thing that I've noticed is when your blood alcohol level is .15, in addition to being charged with an additional allegation because of that high blood alcohol level — it kind of messes up your DMV record and can cause things to be more difficult for you in court — the prosecutors and judges are a lot less likely to reduce a case from a regular DUI down to something less than a DUI when your blood alcohol level is a .15 or greater.
Also, in my opinion, to attack the breath machine or the blood result with that high of a blood alcohol level is a lot more challenging to be successful because all of the alcohol that's perceived is involved. In other words, if you're close to the .08, you certainly can attack the breath machine because it has an error rate of .02.
So, there's the argument, and the prosecutors realize that you might have been a .06. Their expert will probably testify to that fact, and you could certainly get an expert on your side.
However, once your blood alcohol level reaches the high range, you start to lose many potential defenses. For instance, it becomes more difficult to argue that you were not impaired or that the breath or blood test was inaccurate. This loss of potential defenses, coupled with the severe penalties you face, underscores the importance of seeking legal representation in such cases.
Penalties for Excessive Blood Alcohol
So, if you have a DUI and your blood alcohol level is .15 or greater, it's crucial to get an attorney right away. Early intervention, such as at an arraignment in a case, can significantly impact the outcome. In most of the courts in Los Angeles County, judges will make you do AA meetings while you remain on your recognizance if they don't put bail on you. Taking action early can make a difference in your case.
In certain severe cases, if you have a naturally high blood alcohol level or a second, third, or fourth-time DUI, they will also make you wear a scram device on your ankle that fourth-time DUI, they will also make you wear a scram device on your ankle which detects alcohol. They will order you not to drink while your case is pending.
So, you can see and get a feel for if your blood alcohol level is high, you're going to be treated as one of the worst DUI offenders versus if your blood alcohol level is low — you're in a much stronger position to differentiate yourself from those individuals who are perceived as an actual true danger and threat out on the road.
Sometimes, though you have a high blood alcohol level, there are no other harmful mitigating factors. In other words, you might just get pulled over because you didn't signal when you turned, you were weaving, or maybe you committed some traffic violation, but beyond that, you were okay.
How Our Lawyers Can Help You
You weren't going 100 miles an hour. You didn't get in an accident. You were cooperative with the police. In those DUI cases, we can often get good results even though we had a high blood alcohol level because all of the other factors don't point to the fact that we were an extreme danger out on the road. Remember, a high blood alcohol level doesn't always mean a severe outcome.
So, this is where it's a significant advantage to have a seasoned defense attorney who has all of the information about you — the good, the bad, and the neutral — who can argue and fight for you with the prosecutor and the judge. With the right defense strategy, even with a high blood alcohol level, a positive outcome is possible.