Yes. 23152(b) punishes driving while ability to drive is impaired by alcohol or drugs. It does not require 0.08% or above BAC, but usually requires some bad driving to show impairment. This will not result in APS suspension by DMV, but license will be suspended on conviction. Also, if your son is under 21, zero tolerance law punishes at 0.01 or above. This will result in DMV suspension for 1 year if he loses hearing.

Answer Applies to: California
Replied: 10/23/2011

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The fact that your son said he passed may not be the accurate version of the events. Since you don't mention is blood alcohol level I don't know what you base that on in any event. Even though the legal limit for someone 21 years of age or above is .08, you can still be prosecuted if the cop can point to other signs of intoxication and of course is believed by a jury. The lack of chemical evidence does make it harder however.

Answer Applies to: California
Replied: 10/22/2011

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There are two parts to the code section covering a simple DUI. VC 23152 (a) and (b). VC 23152 . (a) 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. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. It is possible to be guilty of the (a) section and not have a test showing 0.08. If your son is under the legal drinking age then there is a 0 tolerance and a 0.001 reading would get him arrested.

Answer Applies to: California
Replied: 10/21/2011

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Yes. But it is up to the prosecutors, not the cops, to decide if the case is to be filed. Some people are under the influence for driving purposes as low as a .05. Hope the DA does not file it. If they do, there is a great chance of a reduction of the charge once your son goes to court.

Answer Applies to: California
Replied: 10/21/2011

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He was cited. Until he pleads guilty or no contest he has not been "given" anything. In my experience, many people think they passed when they did not. You can have a BAC less than .08. and still violate the statute because you are under the influence which is a different standard. Ever hear of the one drink drunk.

Answer Applies to: California
Replied: 10/21/2011

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Actually, yes. In CA you can be charged with a violation of Vehicle Code 23152(a) of drunk driving without the typical second charge of VA 23152(b), which is driving at or above the limit of 0.08 Blood Alcohol Content (BAC). This is how individuals who refuse to be tested are still convicted. You describe the situation as "he passed" the breathalyzer. I assume you mean he registered less than 0.08. At 0.04, or lower, it is presumed the driver is sober. At 0.08, and over, it is presumed the driver is impaired. Between 0.04 and 0.08 there is no presumption. Additionally, the Breathalyzer only measures BAC. If you son was under the influence of some other substance he can still be charged. Drunk Driving is a misnomer. A DUI is actually Driving Under the Influence, regardless of the influence coming from alcohol or some other drug. Hope that helps.

Answer Applies to: California
Replied: 10/21/2011

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If he is under 21 the legal limit is .01. Also being impaired regardless of the blood level.

Answer Applies to: California
Replied: 10/21/2011

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Yes, he can be charged with VC 23152(a), which doesn't specify a particular BAC. Contact a DUI specialist ASAP, he only has 10 days to save his license!

Answer Applies to: California
Replied: 10/21/2011

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Yes he can get a DUI even if under .08% Blood Alcohol Content (BAC). In California, there are two statutes dealing with driving under the influence, Vehicle Code 23152(a) and 23152(b). The (a) count merely states that you cannot drive under the influence of alcohol, drugs or both. It mentions nothing about BAC. Therefore, you can get charged with a DUI even if you have blown less than a .08% BAC. The (b) count states that if you are .08% BAC, or above, then there is a presumption of impairment. It would be critical to know how old your son is when he received the DUI. Remember that when you get a DUI in California, you will have two cases against you. One is the criminal case in court, and the other is the DMV case to suspend the license. If he was under 21, but over 18, then he will face a harsh penalty from the DMV. He will lose the license for one year. Finally, field sobriety tests (FST) cannot be passed. They were not designed to be a "pass/fail" test. Merely, give cues of impairment.

Answer Applies to: California
Replied: 10/21/2011

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Yes. There are two subsections to the Vehicle code that allow an arrest for DUI. Subsection (a) states that you cannot drive while impaired, subsection (b) states that you cannot drive with a .08% BAC level. This means that you can still be convicted of a DUI if your BAC was .05%, well under the legal limit. Although that is bad news for your son, it is still a very good fact that his BAC was under .08%. This is significant because it gives his defense attorney much more to work with in regards to a better plea bargain. This charge can be dropped to a wet reckless driving or be dismissed.

Answer Applies to: California
Replied: 10/21/2011

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If he is under 21, any amount of alcohol in his system could cause a criminal action being filed. He also might have had drugs in his system which wouldn't register on a breath test.

Answer Applies to: California
Replied: 10/21/2011

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Yes, it is possible. No one passes the field sobriety tests. They are too subjective. As for the breath test, officers rarely tell the person what the result is. However, regarding DUI charges, it is possible to get a DUI while being under the legal limit. Vehicle code 23152(b) makes it illegal to drive with a BAC of .08% or greater. 23152(a) makes it illegal to drive while being under the influence of alcohol and/or drugs. So, even if under the limit, because of the subjective nature of the field sobriety tests, the officer will always decide that the driver is "too impaired." That said, you should consult with a few attorneys about the DMV hearing and the court case. If your son does end up below the limit, it may be possible to reduce charges to reckless driving rather than a DUI.

Answer Applies to: California
Replied: 10/21/2011

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Yes. The standard way of charging a DUI is to charge violation of VC23152A and 23152. One requires a blood alcohol above .08, but the other requires impairment while driving, which can be the result of alcohol alone, or a combination of alcohol and drugs (i.e.: pot).

Answer Applies to: California
Replied: 10/21/2011

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Yes, under California Vehicle Code Section 23152 (a) if a person is under the influence of drugs or alcohol (no matter what the amount of the BAC was). These cases sometimes can get dimissed or depending on the manner of driving be reduced to a wet or dry reckless.

Answer Applies to: California
Replied: 10/21/2011

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