Nigel Burns DUI/DWI Law Blog on Lawyers.com

Los Angeles: DUI - What if my blood alcohol level was above a 0.08?

Monday, April 30, 2012 by Nigel Burns

Under California Law, you may have a
blood alcohol level below the legal limit of 0.08 and STILL BE FOUND GUILTY OF
A DUI!!!



Health and Safety Code Section
23152, the DUI Law, allows the prosecution to prove that you are guilty of a
DUI in two ways:



Under one section of this code,
23152 (a), it is unlawful to drive under the influence of alcohol. This section
says nothing about blood alcohol level, but focuses on whether the alcohol you
have consumed affects your capacity to drive. When this happens, the
prosecution does not have to prove that your alcohol level was at or above a
0.08. Instead, they have to prove through observations at the time you were
stopped that you were acting drunk. How does the prosecution prove this? By
placing the police officer responsible for stopping you on the witness stand and
asking him to testify about alcohol odor coming from the vehicle; whether the
vehicle was observed swerving; slurred speech; red eyes; results from tests
indicating that you had any alcohol in your system, etc.



This means that you might have
noticed that you blew below a 0.08 and feel comfortable that you will not be
found guilty. AVOID THIS MISTAKE!!! It is important to consult with an attorney
to discuss in detail the particular circumstances of your arrest and to show up
in Court prepared.



The other way that the prosecution
may prove your guilt is by showing that the breathalyzer test or blood test
yielded a blood alcohol level at or above 0.08. If this is the case, then the
prosecution does not have to prove that you were affected by the alcohol
because under the law, if your blood alcohol level is at or above the legal
limit, then you are considered to be under the influence.



If you
were recently charged with a DUI, CONTACT US at 213-687-8080 and visit our
website at topduiattorneyslosangeles.com for a consultation. 

Posted at 15:14 PM
Topic: DUI/DWI
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