You can get a DUI if you are under the legal limit. Many people believe they cannot be charged with a DUI as long as their blood alcohol concentration (BAC) is below the legal limit of 0.08%. However, this is a common misconception.
We’ve seen numerous cases where drivers have been arrested for DUI despite being under the legal limit. We’ll explain how this is possible, the factors that can lead to a DUI charge, and what our Los Angeles DUI lawyers can do to protect your rights if you find yourself in this situation.
California’s “Impaired Driving” Law
In addition to the “per se” DUI law, which makes it illegal to drive with a BAC of 0.08% or higher, California has an “impaired driving” law. Under California Vehicle Code Section 23152, it is unlawful for any person to drive a vehicle while under the influence of alcohol and/or drugs, regardless of their BAC.
This means that if an officer believes your driving ability is impaired due to alcohol or drugs, you can be charged with a DUI even if your BAC is below 0.08% or if you haven’t consumed any alcohol at all.
Factors That Can Lead to an “Under the Limit” DUI Charge
Several factors can contribute to an officer’s determination that you’re impaired and lead to a DUI charge, even if you’re under the legal limit:
Driving Behavior
If an officer observes you driving erratically, such as swerving, speeding, or failing to obey traffic signals, they may suspect that you’re impaired and pull you over.
Field Sobriety Tests
During a DUI stop, the officer may ask you to perform field sobriety tests (FSTs) to assess your balance, coordination, and ability to follow instructions. If you perform poorly on these tests, the officer may conclude that you’re impaired.
Officer Observations
The arresting officer may note signs of impairment, such as slurred speech, bloodshot eyes, or the odor of alcohol on your breath. These observations can be used as evidence to support a DUI charge, even if your BAC is under the limit.
Prescription or Over-the-Counter Medications
Certain prescription drugs and even over-the-counter medications can impair your driving ability and lead to a DUI charge, even if you haven’t consumed any alcohol.
Defending Against an “Under the Limit” DUI Charge
If you’ve been charged with a DUI despite being under the legal limit, it’s crucial to have an experienced DUI attorney on your side. Your lawyer can challenge the evidence against you and work to demonstrate that you were not impaired while driving. Some DUI defense strategies include:
- Questioning the validity of the traffic stop.
- Challenging the officer’s observations and conclusions about your impairment.
- Disputing the accuracy of field sobriety tests or chemical tests.
- Presenting evidence of medical conditions or other factors that could explain your alleged impairment.
At Los Angeles DUI Lawyer, our skilled attorneys have extensive experience defending clients against all DUI charges in California, including those involving BAC levels below the legal limit. We know how to build a strong defense and fight for the best possible outcome in your case.
Penalties for a DUI Conviction in California
If you are convicted of DUI while under the limit in California, you will face severe penalties even for a first-time offense. The court levies many punishments on DUI convicts. Depending on your criminal record and the circumstances, you may face:
- Jail time
- Court fines and fees
- Driver’s license suspension or revocation
- Installation of an ignition interlock device (IID)
- Mandatory DUI education
- Probation
- Community service
- Increased auto insurance rates
- A permanent criminal record
If your DUI charge is a felony, you will face even further punishment. Felons lose access to many civil rights. In California, you lose your right to carry a firearm permanently if you are a convicted felon.
Factors that could get you additional punishment include:
- Having a BAC of 0.15% or higher.
- Refusing to submit to a chemical test.
- Causing an accident or injury while driving under the influence.
- Having a child under the age of 14 in the vehicle.
- Speeding or reckless driving while under the influence.
- Having prior DUI convictions within the past 10 years, especially more than three.
Get Help from Los Angeles DUI Lawyer
You can get a DUI if you’re under the limit, so don’t hesitate to seek legal representation if you’ve been arrested. The consequences of a DUI conviction can be severe, but a Los Angeles DUI Lawyer can help you.
Contact us today for a confidential consultation. We’ll review your case, explain your options, and develop a tailored strategy to protect your rights and your future. With our experience and dedication on your side, you can face your DUI charges with confidence.
