Answer: They can still bring DUI charges under VC 23152(a) even if your BAC is below a .08. VC 23152(a) alleges that you were driving under the influence of alcohol, but does not specify a minimum Blood alcohol content (BAC) level required like VC 23152(b) which is the subsection for Driving with a .08 or higher BAC level. Prosecutors also rely on other factors such as driving, statements made by the Defendant, subjective symptoms as interpreted by the arresting officer, and field sobriety tests to attempt to establish DUI.
It is also possible to be charged with a VC 23152(b) even if your breath or blood test results came back below a .08. Prosecutors often try to establish this through what is called “retrograde extrapolation,” but there is a lot of information that the prosecutor has to establish to do that successfully when challenged by a knowledgeable DUI defense attorney.
Further, it is possible to get charged for a DUI even when alcohol is not involved based on alleged drug use, and sometimes even alleged effects of prescription medication.
I have had good success getting DUI charges dismissed in similar situations, and have done so in Van Nuys Court. Feel free to call me to discuss your case further.
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