How defensible is a drunk driving case with a .06 BAC in California? 13 Answers as of October 17, 2010

The arrest happened in the morning after I had been drinking. I was pulled over for going about 10 MPH over the limit. It had been about 8 hours since my last drink. I felt dehydrated but completely sober. I have no prior DUI. How defensible is my case? How commonly do they arrest people in these circumstances?

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
Although a DUI case usually involves a blood alcohol content of .08% or higher, it is possible for the District Attorney's office to claim that you were "under the influence" at a lesser BAC.

Such cases can be defended in a number of ways, even if the arresting officer had a good reason to stop you (such as speeding). The field sobriety tests at the scene are very subjective and the breath machines can be very unreliable if not properly maintained and calibrated.

In some counties, people are often arrested for driving with a BAC which is less than .08%; however, there are several lesser offenses and several options for a dismissal which can be pursued in such a case. It sounds like you may have a very defensible case.

If you would like to discuss this case in more detail, please contact my office for a free consultation.
Answer Applies to: California
Replied: 10/14/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The outcome of your case is largely dependent on the police report.
Answer Applies to: California
Replied: 10/14/2010
The Law Office of Denis White
The Law Office of Denis White | Denis Hurley White Jr.
They arrest people all the time with that BAC. They don't usually prosecute them though, if it is an alcohol only case. Under VC23152(a) the prosecution has to be able to show impairment to get a conviction.
Answer Applies to: California
Replied: 10/13/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Obviously, it is very defensible. I would find it very surprising that any DAs office would file a case like the one you describe especially since the driving element was apparently only speeding.
Answer Applies to: California
Replied: 10/13/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If you are over the age of 21, then it is very defensible. I represented many clients with even higher BAC's and had all charges completely dismissed.
Answer Applies to: California
Replied: 10/13/2010
    The English Law Firm
    The English Law Firm | Robert English
    It is a very defensible case. You should contact an attorney with specifics. My office is available.
    Answer Applies to: California
    Replied: 10/13/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Very defensible, especially if you are over 21. However, remember that you can be charged with Vehicle Code 23152(a) regardless of what your BAC is. Therefore, it is best to contact a lawyer to discuss your case.
    Answer Applies to: California
    Replied: 10/13/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Officers may, and sometimes do, arrest people for a DUI even when their blood alcohol level is less than .08. But it sounds to me from what you describe that you have a defensible, i.e. winnable, case.
    Answer Applies to: California
    Replied: 10/13/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You have a very good defense of getting the case dismissed. It is common to get arrested for a .06.
    Answer Applies to: California
    Replied: 10/13/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Everyone stopped will be arrested when the officer observes any evidence of drinking and impairment. Hell write his report accordingly.

    Every case is defensible, but the outcome depends upon all the facts and evidence available, not just the BA. That is what motions and plea bargaining are for your attorney to do. If you are serious about getting legal help in this, which you should, feel free to contact me.
    Answer Applies to: California
    Replied: 10/13/2010
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