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I Was Under the California DUI Legal Limit and Still Got a DUI


I was under the California DUI legal limit but still got a DUI. Most people who drive in California are aware it is illegal to drive while under the influence of alcohol, and that the “legal limit” for a driver’s blood alcohol concentration (BAC) is 0.08 percent. Many people are surprised to learn, however, that a driver can be convicted of a DUI without any evidence of their BAC, or even whether their BAC is measured below 0.08 percent.

California DUI Legal Limit – The California DUI Statute

Alcohol affects everyone differently. While some people are significantly impaired at a BAC of 0.05 percent, others may be fine at 0.08 percent. The California DUI makes it illegal to drive under the influence of drugs or alcohol, and also makes it illegal to drive with a BAC of 0.08 percent or greater. The law makes it a “per se” violation of the statute to drive with a BAC of greater than 0.08 percent, but also allows for prosecution under the statute if other evidence of impairment exists. Such evidence includes slurred speech, failing a field sobriety test, confusion, bloodshot eyes, or other issues relating to appearance or behavior.

California DUI Legal Limit – Why Do I Need a Santa Rosa DUI Attorney?

A DUI conviction can result in significant legal consequences, including the loss of your license, fines, probation, installation of an ignition interlock device, or even incarceration. In addition, a DUI on your record can lead to the inability to obtain certain types of employment, and can significantly damage your reputation in the community. Fortunately, there are many ways an experienced DUI defense lawyer can fight the allegations against you. Common defenses include the following:

  • Calling into question the accuracy of any chemical testing performed.
  • Impeaching the credibility of the witnesses testifying against you.
  • Introducing evidence that signs of intoxication resulted from a medical condition.
  • Challenging the reason for the stop.
  • Pointing out procedural defects in the case against you.

California DUI Legal Limit – Contact a Santa Rosa DUI Lawyer Today for a Consultation

Due to the potentially serious consequences of a California DUI case, it is important to mount an aggressive legal defense early. Anyone facing a DUI case in Sonoma County, Mendocino County or Lake County California should contact Beck Law P.C. as soon as possible. Call our office today to schedule a consultation with a Santa Rosa DUI attorney.

Photo Credit: Kelly via Wikimedia cc

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