I Blew Less than .08%, Why am I Being Charged with a DUI?
December 31, 2009

If you haven’t been reading the news, Senator John Kerry’s daughter was recently arrested in Hollywood, California for driving under the influence of alcohol. According to the police report, her Blood Alcohol Content (BAC) was a .06%. Luckily for her, she was in Los Angeles County when she was arrested. If she were in Ventura County, there was a pretty good chance that the District Attorney would file criminal charges anyway.

Most people know that the legal limit is .08% percent. However, less people know that you can also be prosecuted for a misdemeanor DUI even if your blood alcohol content is below a .08%.

DUI’s are usually filed as two counts on a criminal complaint. California Vehicle 23152(a) and California Vehicle Code 23152(b). Most people are familiar with the latter which states that the defendant’s alcohol content level was at .08 or more at the time of driving.

However, VC 23152(a) basically states that if your ability to drive was impaired because of alcohol, then you can be charged with a DUI even if your BAC was a .08%.

In fact, Ventura County regularly files complaints against people who were arrested with BAC’s of .05% .06%, and .07%. A conviction in Ventura County often means jail time, fines, alcohol classes and probation.

Most Los Angeles based attorneys are not familiar with the quirky nature of the Ventura County Court system. Thus, you should strongly consider retaining Wallin and Klarich, who has a brilliant Ventura DUI defense attorney who works daily in the local Ventura court. The decision as to what law firm you retain can often mean the different between jail and freedom in your case

At Wallin & Klarich, our criminal defense attorneys have years of experience defending those accused of driving under the influence in Ventura County, and are prepared to handle every aspect of your case. Our DUI/DMV attorneys will examine the details surrounding your case, and will provide you with the best possible defense. Don’t hesitate to contact Wallin & Klarich today for an evaluation of your DUI case. Call us today, toll free at (877) 466-5245.

Your Answer

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

  • This field is for validation purposes and should be left unchanged.