https://duilawyerorangecounty.com/low-blood-alcohol-cases/ | Did you know that under California law, persons with a blood alcohol level of less than 0.05% at the time of driving are presumed to be not under the influence of alcohol? At the time of driving assuming there are no drugs that impair driving in the driver’s blood.

1. Blood Alcohol Levels and DUI
<0.05% Under California law persons with a blood alcohol level of less than 0.05% at the time
of driving are presumed to be not under the influence of alcohol at the time of driving assuming
there are no drugs that impair driving in the driver’s blood.
>0.05% but <0.08% Persons whose blood alcohol level falls between 0.05% and .079% will
generally not have an Administrative Per Se suspension from the DMV but still may face a
criminal charge in the Court case. A prosecutor may file charges under 23152(a) alleging that
your driving was impaired by alcohol even though your alcohol level was below 0>08%. The

2. prosecutor could also file charges under 23152(b) alleging that your blood alcohol level was
above 0.08% even though you alcohol test was below that level if there is evidence that your
alcohol level was above 0.08% at the time you were driving. This is done by a method called
retrograde extrapolation which has been shown to be a dubious practice.
>0.08% California law created a inference that a driver with an alcohol level above a 0.08% at
the time of a chemical test given within 3 hours of driving is under the influence. Cases which
are marginally above the 0.08% may have very credible defenses . A qualified DUI Defense
Lawyer can help defend these charges and get dismissal of DUI charges for their clients.
>0.15% Persons with alcohol levels above 0.15% are subject to a special enhancement
allegation for an excessive BAC. This enhancement mandates that judges impose at least a six
month alcohol program in place and instead of the usual 3 month program. Your license will be
restricted for driving to and from work and in the course of employment and to and from the
alcohol class until you complete the program. Some Judges will impose other conditions of
probation for persons who have levels above the 0.15% level. Experienced DUI Defense
Lawyers can can get this enhancement stricken.
>0.20% Persons with alcohol levels above 0.20% are subject to a special enhancement
allegation for their extreme blood alcohol level. If found to be true, the court is required to
impose a 9 month alcohol program and often imposes additional conditions of probation
designed to reflect the high alcohol level.