If I blew exactly .08, will I be charged for a DUI?

Under California law, it is unlawful for any one who is under the influence of alcohol or drug(s) or a combination of alcohol and drug(s) to drive a vehicle.  “Under the influence” means as a result of using alcohol and / or drugs, your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive the vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.  See California Vehicle Code Section 23152(a).

Per Se DUI:  It is also unlawful for any person to drive a vehicle if the person has 0.08 percent or more alcohol in his or her blood whether or not the person is under the influence.  This is sometimes known as a “per se DUI.” There is a rebuttable presumption that you had 0.08 % or more of alcohol in your blood at the time of driving the vehicle if you had 0.08 % or more of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.  See CA Vehicle Code Section 23152(b).

In order to convict a person of DUI, the prosecutor must prove beyond a reasonable doubt that the accused drove a vehicle while under the influence of alcohol, drugs, or both; or, that the accused drove a vehicle with .08 or more, by weight, of alcohol in the blood. This gives the prosecutor two bites at the same apple; a conviction under either law counts as a DUI. One’s performance on the field sobriety tests at the scene of the stop is extremely relevant to defending a DUI case. Prosecutors and defense attorneys will look critically at all observations, actions, and/or admissions made by the suspect.

If you or a loved one have been accused or charged with DUI in Orange County, it is essential that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result at the DMV and in criminal court. Call the law firm of Wallin& Klarich today at, (877) 4-NO-JAIL or (877) 466-5245 to speak to an experienced criminal defense attorney about your case.