You may know that it is illegal to drive with a blood alcohol content, or BAC, of 0.08% or more in California. Being convicted of DUI driving under the influence with a 0.08% BAC or higher carries steep consequences including possible jail time if you have multiple DUIs. Higher BAC levels could result in higher penalties and conditions if you are charged with DUI or different criminal charges altogether in certain situations. These BAC levels will also affect the offers that the prosecutor makes to resolve your case, especially if your BAC is excessive. In Alameda county courts, like the Oakland or Dublin court houses, in San Francisco court, or in Contra Costa Courts, like Marinez or Richmond, an excessive blood alcohol content is 0.14 BAC or higher. The attorneys at Lamano Law Office have vast experience in handling DUI cases and will accurately and compassionately guide you through your case while negotiating with the prosecutors to get the best deal possible.
How BAC is Measured
Your BAC has no effect on whether you are pulled over, detained, and arrested for driving under the influence. The officer who arrested you for driving under the influence will not be able to know your BAC by just looking at you. Officers commonly use a Preliminary Alcohol Screen test, also known as a PAS test, to measure your BAC on the scene. This is a small handheld device that you have a right to refuse unless you’re on probation. If you refuse to take this PAS test, the officer may decide that you are impaired based on other factors like your performance on Field Sobriety Tests. Your police report may say you have slurred speech, an unsteady gait, and an odor of alcohol coming from your person.
If you are arrested for driving under the influence, the officer will then ask you to take a chemical test. This is different from the PAS test. Often you will have to make a choice between either taking a breath test at the station on a larger device or a blood test. If you take the breath test, then the officer should have the results soon after the test is taken. They may even give you a copy of the results on a breath test strip printed out with your release documents. If you choose the blood test, then it will take some time to receive the results, sometimes up to a couple of weeks. Most people confuse the two tests – The PAS Preliminary Alcohol Screening test and the second test, commonly known as the chemical test where you have a choice of breath or blood.
You may have heard about Field Sobriety Tests, or FSTs, being a common part of a DUI investigation. These tests do not measure your BAC in any way, and cannot be used to determine if you were driving with a 0.08% or higher. An officer cannot make a determination about your BAC without using the breathalyzer, chemical test, or blood test.
0.08% BAC Level
If you are convicted of driving with a 0.08% BAC or higher, you will have to complete certain conditions outlined by law. You will have up to three years of court probation or five years of formal probation if convicted of a felony. Court probation is sometimes known as informal probation because you won’t have to report to a probation officer. You will also have to complete up to a 9-month DUI class for first-offense DUIs and up to an 18-month class if you have multiple DUIs, your driving license may be suspended, and you will have to follow other conditions during your probation. These conditions are:
- Drive with a valid license and registration;
- Drive with no measurable amount of alcohol in your system (0.01% BAC);
- Obey all laws; and
- You must submit to a chemical test if you are pulled over on suspicion of driving under the influence.
These serve as the base consequences for a DUI, and only increase the higher your BAC is tested to be. You may also have to complete some conditions while your case is pending, such as attending AA meetings.
High Blood Alcohol Level
Before you are called into court to answer for the criminal DUI charges against you, the prosecutor will review your BAC level. If your BAC level is either at or above 0.15%, 0.20%, or 0.30%, the prosecutor will include a special allegation with the charges. A special allegation is not a separate criminal charge, but an addition that can result in higher penalties. The higher the BAC, the more severe the consequences are going to be.
0.15% BAC Level
0.15% BAC is almost double the legal limit. If your charges include a special allegation that you had a 0.15% BAC or higher while you were driving, then a judge is more likely to impose harsher conditions while your case is pending. You may be required to attend AA meetings per week. While there are no additional consequences specified by law if you are convicted of driving with a 0.15% BAC or higher, the judge may impose higher consequences for your probation, including a longer DUI class and more conditions like community service or other programs like the Mothers Against Drunk Driving (MADD) Victim Impact Panel, or other conditions as the judge finds appropriate.
0.20% BAC Level
If your charges include a special allegation that you had a 0.20% or higher BAC while you were driving, then you can expect even greater consequences. You may be required to attend more AA meetings per week, or more classes or therapy sessions related to intoxication and sobriety. A judge may also impose other conditions that he or she finds appropriate.
If you are convicted of driving with a 0.20% or higher BAC, you will have to complete a 9-month DUI class instead of the 3-month one if this is your first DUI. The judge may also impose other conditions like community service or other programs and classes for your probation.
0.30% BAC Level
Because 0.30% BAC is almost 4 times the legal limit, this special allegation carries the strictest consequences because the judge and the prosecution will take this allegation very seriously. While your case is pending, you may be required to attend more AA meetings per week, more classes or therapy sessions related to intoxication and sobriety, and may be required to put an ignition interlock device on your car. An ignition interlock device prevents you from starting your car until you breathe into the device and prove that you don’t have any measurable amount of alcohol in your system. The court may also order you to put a SCRAM device on your ankle to prevent you from having any alcohol in your system while your case is pending.
If you are convicted of driving with a 0.30% or higher BAC, you will have more stringent consequences and conditions for your probation. These consequences can include a longer DUI class, more conditions like longer community service or multiple programs and classes, and may require the use of an ignition interlock device for a specified period during your probation.
Other BAC Levels to Consider
For Minors
If you are under 21 years old, then you have a lower limit to consider because it is illegal for you to consume alcohol generally. It is illegal for you to drive with 0.01% BAC or higher. This is the smallest amount of alcohol the tests can detect. If found to be driving with 0.01% BAC or higher, your license may be suspended for 1 year, and you may be required to do a DUI class. If convicted of driving with a 0.01% BAC or higher, an infraction, then you will have to pay some fines and fees. If your BAC is measured to be between 0.05% and 0.07%, then you can be arrested for DUI, may be required to take either a chemical test or a blood test, and will have your license suspended for 1 year. You will also be required to take a mandatory DUI class. If your BAC is measured to be 0.08% or higher, you can still be charged with a misdemeanor, and be subject to the penalties listed above.
For Commercial Drivers and Drivers with Passengers
It is illegal for a commercial driver to be driving with a 0.04% or higher BAC. If found to be driving a commercial vehicle, even while off duty, you may be charged with a misdemeanor and have your commercial driver’s license suspended for 1 year. Where a regular motorist would be able to apply for a restricted license, you cannot apply for a restricted commercial driver’s license. You may also face penalties similar to if you were convicted of driving with 0.08% BAC or higher as a regular motorist. Penalties outside of the DMV and criminal court consequences may include the loss of your job from being unable to drive and higher insurance costs.
If you are a driver with a passenger for hire in the car, then it is illegal for you to be driving with 0.04% BAC or higher. If your BAC is 0.04% or higher, then your license will be suspended, you may have to attend a DUI class, and you will be charged with a misdemeanor and may suffer additional criminal consequences if convicted.
California takes DUIs very seriously, which is why the consequences of even being charged with one can be steep. But the attorneys at Lamano Law Office can help you reduce those consequences and make sure you can get back on track quickly. Contact us today for a private case review. You can reach Givelle Lamano at info@lamanolaw.com if you have questions.
