BAC Was a .06% and the DA Filed a DUI against Me, Can They Do That?
January 11, 2010


And here’s why:

California Vehicle code section 23152(a) states “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

So, if you’re under the influence of a alcohol or drug (or both) AND driving a vehicle, then you’re in violation California Vehicle Code Section 23152(a).

How does the law define “under the influence?” The answer lies in the instructions read to the jury at trial.

According to the jury instructions, “A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

Notice that the instruction makes no mention of the blood alcohol content or BAC of the person accused.

The district attorney will use other evidence other than the blood alcohol result in an attempt to prove the charges such as the driving pattern and defendant’s performance on the field sobriety tests.

What this means is that based upon the police report and other factors the District Attorney can choose to prosecute you for DUI even if your blood test result is less than .08.

That said, just because you’re arrested for a DUI, doesn’t mean you’re going to be convicted of a DUI. In these types of cases, there are several defenses an experienced San Diego DUI defense attorney can use to help you win your case. Your attorney will review your entire case and develop a defense strategy unique to the facts of your case. You need a skilled DUI defense attorney who is familiar with the defenses and willing to go to trial. Wallin & Klarich has represented thousands of clients who were facing DUI charges and are very well versed in the intricacies of DUI cases. We are trial tested attorneys and are ready to meet you and discuss your options and defenses. Call us 24 hours a day, 7 days a week for a case evaluation at (877) 466-5245.

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