“Excessive” blood alcohol (BAC) refers to a BAC of either 0.15% or 0.20%—or greater. The penalties for an excessive BAC of 0.15% or greater include license suspension, traffic school class, jail sentences, fines, community service, and alcohol treatment courses.
You might face special conditions regarding your probation, too. The penalties for an excessive BAC of 0.20% are often the same as the aforementioned penalties, though many people usually have to attend AA meetings as well.
While the legal process that follows a DUI charge is usually lengthy and confusing, a Los Angeles DUI lawyer can help you if you are convicted of driving with an excessive blood alcohol concentration.
What Counts as “Excessive” Blood Alcohol Concentration (BAC)?
The term “excessive” blood alcohol refers to a specific violation of the California Vehicle Code. It is technically not a criminal charge in its own right, but it is a sentence enhancement that can be piled on top of a regular DUI.
California has a number of these sentence enhancements, and each one lists a specific circumstance where a DUI is considered more egregious than normal. In turn, it carries a heavier sentence.
The basic idea of this sentence enhancement is that the drunker you are, the more dangerous your driving is. To measure this, the state uses blood alcohol concentration (BAC), which is a measure of how much alcohol is in our body. Your BAC is determined in one of three ways:
- A roadside PAS test
- A breath test administered after arrest
- A blood test administered after arrest
If the result is 0.08% or greater, you will likely be arrested for a DUI. You can also be arrested with a lower result if the police believe your BAC affected your driving, if you fall into special “zero tolerance” categories, or if you have a valid commercial driver’s license.
In general, a BAC over 0.08% is illegal—but if you’re way over 0.08%, you may face an excessive blood alcohol penalty.
Penalties for Excessive Blood Alcohol
Two specific numbers are used as thresholds for excessive blood alcohol in DUI cases:
- BAC of 0.15% or greater
- BAC of 0.20% or greater
Each of these two thresholds carries its own specific penalties. At 0.15% and above, the law states that your BAC may be considered a “special factor that may justify enhancing the penalties in sentencing…” In practice, the extra penalties might include the following:
- An extra six months of license suspension in addition to the standard suspension
- An ignition interlock device for your car for three years
- A nine-month traffic school class starting at $1,000
- Longer jail sentences
- More expensive fines
- Community service
- Alcohol treatment courses
- Other special conditions as part of your probation
The judge has wide discretion when it comes to choosing exactly what probation requirements to impose for your case. Judges can be extremely tough if they feel you acted recklessly, so keep this detail in mind.
At 0.20% and above, you could face all the penalties above, and you will also be ordered to join an alcohol treatment program. This often takes the form of AA meetings or a similar support group.
At a minimum, you must attend at least 60 hours worth of these meetings over the course of nine months. However, based on the details of your case, the judge might impose a longer term or require you to complete a more serious program, like residing in a sober living environment.
How an LA DUI Lawyer Defends Against Excessive Blood Alcohol
Prosecutors will add an excessive blood alcohol charge to any case where the test hits 0.15% or greater. But it doesn’t always stick—in fact, DUI lawyers frequently beat it thanks to their California DUI strategies.
These are a few common defense strategies in DUI cases involving excessive blood alcohol claims:
- Challenging the accuracy of the test: We can argue that there were issues with the test that produced the “excessive” reading in the first place.
- Asserting a mouth alcohol defense: We can build a case around the assertion that the machine was thrown off by traces of alcohol that were still in your mouth.
- Proving that rising blood alcohol was a factor in your defense: This claim means that the police waited too long to test you, and your blood alcohol was higher than when you were actually behind the wheel.
These are far from the only defenses that can work. A great way to beat an excessive BAC charge is to beat the entire DUI. Oftentimes, defendants find themselves in what seems like an impossible case only to walk free a few weeks later.
This is the power of a good Los Angeles DUI law firm. You should lean on professional legal advice to fight your case. We can help you get it by matching you with a lawyer who has the right experience for your case.
Contact a Los Angeles DUI Law Firm for More Information About Excessive Blood Alcohol and the Penalties it Carries
When you violate the law and end up with an excessive BAC charge, you are often viewed as being a danger to everyone else on the road. That’s why a violation of this nature often carries serious legal, financial, and personal consequences.
Understanding what qualifies as excessive BAC, how it is measured, and the penalties involved is important for every driver, especially those who are facing DUI charges. The most favorable course of action is to avoid drinking and driving altogether, but this doesn’t always happen.
If you are someone who’s facing DUI charges, reach out to Los Angeles DUI Lawyer as soon as possible. We have decades of experience connecting thousands of people in the community to attorneys who know how to help. Don’t go it alone—we’re here for you.
