When it comes to the Californias Per Se rule for DUIs, the blood alcohol level, otherwise known as the BAC, is the only thing taken into account. A blood alcohol level test will measure and test the amount of alcohol found in your system and give fast results.
A Per Se DUI means that you have tested over the legal alcohol limit for driving, regardless of if it’s causing impairments or loss of judgment. Your BAC level is the only thing that is taken into account when being charged. If you are over the legal limit, you will face charges.
Vehicle Code 23152(b) in California
This vehicle code states that it is unlawful for any person who has a 0.08% BAC level or above to be driving. If caught in this circumstance, you will receive a criminal offense for a DUI no matter the circumstances. California per se DUI law works parallel to a zero-tolerance drunk driving law that some states have.
There are some benefits of enforcing this law in some states. California per se DUI law makes it easy to take someone off the road for drunk driving, no matter the impairment, as long as they blow over the limit. Additionally, if arrested under this law, the DMV can revoke your license on the spot.
Unfortunately, sometimes, there are caveats in this law. For insurance, sometimes a BAC test can test higher if you used mouthwash or if the alcohol hasn’t been metabolized yet. A BAC test is a great way to measure levels, but a urine sample or blood test will be the most accurate in determining the alcohol levels in someone’s body.
How You Can Fight a Per Se DUI Charge in California
Even though this law is clear-cut, there are still some defenses that can get you out of the charges this law can bring. Some ways you could fight your DUI charge include:
- Illegally obtained evidence: In all cases, to obtain a blood test from you, the police will need a warrant. If they don’t have this, and you are forced to get a blood test, the results can be thrown out because law enforcement officers illegally gathered them.
- Questioning the accuracy of the BAC test: For example, sometimes these tests can be unreliable if the one administering them doesn’t follow the instructions correctly. On the other hand, if not properly maintained, these tests can be faulty.
- The rising action of blood alcohol levels: It’s known that when you drink alcohol, it’s absorbed into the body, and your levels could rise. However, once it’s metabolized, this level begins to fall. In some cases, you can argue that the BAC level was taken too long after being pulled over, causing the levels to rise above the legal limit; if after metabolized, it would have decreased.
Seek Help From a Los Angeles DUI Attorney
As you can see, the Per Se DUI law is a strict one, but there are multiple ways your case could go. Even with how particular this law is in California, there are rights a skilled DUI lawyer can inform you of and support you through.
If you have further questions about California’s Per Se DUI law, speaking with a Los Angeles DUI lawyer today can be beneficial. When starting a defense case, or if you wish to receive a free case evaluation, contact us today.
