Question: In California, is it a DUI if I blew a .07 on a breathalizer device? I was arrested for DUI in San Fernando but I wasn't drunk.
Answer: There are 2 potential base DUI charges (assuming there was no accident with injury involved). VC 23152a is driving under the influence of alcohol or drugs, or a combination of both. Under this statute, they can convict you of a DUI even if your blood alcohol content was under a .08. VC 23152b requires that you have a .08 Blood alcohol content or higher. They each carry the same penalty. Based on what you wrote though, you have a good case to defend. I have regularly gotten the charges dismissed and reduced to non-alcohol related offenses in cases similar to yours, and avoided license suspensions altogether. A DUI is a misdemeanor, and if convicted of a DUI, you can not do traffic school to negate the DMV points.
You should contact a DUI attorney to discuss your case in more detail. Running in and pleading guilty or no contest without having an experienced attorney review your case is not a good idea. Feel free to contact me if you would like to discuss your case in more detail. I regularly defend DUI’s throughout Los Angeles including defending DUI’s in San Fernando, CA
Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA, Glendale, CA, Pasadena, CA, Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts