Los Angeles DUI Lawyer Blog

California state law prohibits anyone from driving a motor vehicle when your driving ability is impaired under section 23152 (a) of the vehicle code. Drivers are also prohibited under section 23152 (b) of the vehicle code to drive a motor vehicle when their blood alcohol level is a .08% or more.

Whether you take a breath test or blood test after being stopped and arrested on suspicion of driving under the influence, the seriousness of your case relies in great part on the readings obtained at the time that you were stopped and tested.

A criminal prosecution for this charge carries serious consequences including probation, fines in excess of $1500, required attendance at a lenghly alcohol program, and a range of other consequences.

The strength of the prosecution's case involving driving under the influence, is based on the probable cause for the stop, the driver's performance on a series of field sobriety tests, their blood-alcohol level, both at the scene, and at the station or hospital. The drivers record can also substantially affect the willingness of the prosecutor to reduce or dismiss any case.

The legal level of blood-alcohol as stated above is important as a benchmark for the prosecutor and the defense lawyer to negotiate. The closer the driver's blood-alcohol rate is to the legal limit, the weaker the prosecution's case. The higher the driver's blood-alcohol over legal limit can significantly build a stronger case for the prosecution who will seek greater penalties typically, then those cases involving lower readings.

There seems to be a growing trend in certain judicial districts, to file drunk driving charges even in cases where one of blood-alcohol is less than an 08%. Arthur recently was retained to represent a driver who although had a blood-alcohol rate of 07%/07% was charged with a 23152 (a) V C. In this case, our firm was able to persuade the prosecutor based upon our clients good record to dismiss the charges of DUI, and allow the driver to settle the case, but to a substantially lower charge.

When a person is charged with a DUI, the government makes their case using all evidence gathered during the arrest. This evidence will include the officer's report and observations as well as the reading from any blood or breath test taken. These two pieces of evidence will make the bulk of prosecution's case against a person, therefore if either account is inaccurate; it is in the best interest of the defense to argue its validity.

The accuracy of a breath test can be argued by demonstrating that the machine has not been properly calibrated, or it is running insufficiently. This is done by subpoenaing the maintenance records and reviewing them. If the machine has been used for a long time without having been checked for accuracy, there may be a weakness in prosecution's case.

The reliability of blood test results may also be argued. This is done by questioning the lab that has done the testing. The lab may have contaminated the sample, may be biased, or may have even tested the sample inaccurately. To obtain a valid, accurate sample, the person charged with the DUI has the right to have the blood sample tested by an independent lab. They also have a right to go to their own doctor and have their blood tested. However, this does weakens the strength of the blood sample as evidence because many hours have passed since the original arrest. Consequently, the sample will not reflect an accurate reading of the Blood Alcohol Level.

An experienced Los Angeles DUI attorney has successfully argued thousands of Driving Under The Influence cases and knows exactly how to weaken prosecution's case. A detailed analysis is conducted regarding the validity of the police report and the alcohol screening test that was administered. If there are any weaknesses or possible causes for invalidity, a knowledgeable DUI specialist will be sure to expose them to the government. A powerful defense will reduce the amount of evidence the government has against a person and result in a reduced or dismissed case.

California law requires drivers as a condition of issuing them a license to submit to a chemical test if requested by a police officer when one has been stopped on suspicion of driving under the influence of alcohol or drugs. Drivers have a choice to submit to a breath sample or blood sample to determine the alcohol content, if any, in their bloodstream.

This is implied consent law makes it a separate aggravating circumstance to a drunk driving case, if the driver either refuses or fails to complete one of these two tests. The law requires not only that the driver suspected submit to a test, but requires completion of a test culminating in a result. One's effort, for example by blowing into a breathalyzer machine is not sufficient unless a result is obtained. If a driver will not, or cannot complete the test chosen, then they must submit to the remaining text.

Should a suspected driver failed to submit to and complete a blood alcohol test to determine the alcohol content, or drug presence, they will be also charged with a refusal. This enhancement, can not only result in mandatory jail time, but subjects the driver to greatly enhance license suspension. For example, a driver who has been arrested for a DUI takes a breath test with a result of .24. This driver should only receive a one-month suspension of their driving privilege as long as they enroll in an appropriate alcohol program.

A driver either refuses, or fails to complete a blood alcohol test of their breath or blood face a license suspension of one year. Essentially their punishment is 12 times harsher than having taken a test, even with a high alcohol score.

Clearly, based upon the above example, it should seem obvious that complying with the requirements of implied consent law, rather than refusing to complete a test, has dramatically less severe consequences.

Should your case go to trial, and you have refused to take or complete a chemical test, the jury in most cases would be instructed that failure to comply with this law may show your consciousness of guilt. This additional negative inference, can often weigh extremely negative in the minds of many jurors. Our Los Angeles DUI firm has defended drivers under these circumstances, for many years, and prefers its clients to have less charges against them.

When you are stopped for the suspicion of driving under the influence of alcohol, you are asked to take either a breath or chemical test at the site of the arrest. Additionally, you are asked to take a test at the station once you have been taken into custody. Whereas it is your right to refuse the preliminary breath test (the one administered at the scene of the arrest), you cannot refuse the test given at the station without additional penalty.

If you have refused to take both tests, there may be some legal defenses that will work in your favor. An experienced Los Angeles DUI attorney can prepare a powerful defense that will help strengthen any possible defenses that you may have.

One possible defense is if you have asthma and are unable to properly breathe into the machine in order to provide an adequate sample. Another valid defense is if for any reason you are physically unable to take the breath test. If there is a valid scenario rendering you incapable of giving a breath sample, you may have a defense against an additional penalty imposed due to refusal.

You are also not required to take the test if the machine is broken and giving erroneous results.

It is also important to note, however, that if you are unable to take the breath test you will be asked to take a chemical test, aka a blood test. If you are able to take a blood test, but refuse to do so, it will weaken any defense you may have.

Consult with a knowledgeable Los Angeles Criminal Defense attorney to assess the specific facts of your case and to learn what options are available to you.

This is a very good question. There are two kinds of chemical tests under California state law to determine a driver's blood alcohol content (BAC) at the time he was stopped on suspicion of driving under the influence of alcohol, drugs, or both. Until recently, there was also a urine test which was part of the drivers choice of tests. This test after many years. was eliminated by the legislature due to their determination that this type of test did not meet the high standards of accuracy required by the law.

There are two remaining tests which a suspected drunk driver has to chose from. These tests are the blood and breath tests. The blood test, which most experts view as the more accurate of the two because this test essentially through a direct analysis, measures the percentage of alcohol in the blood drawn from a suspected driver.The result is a blood alcohol concentration or bac which is directly correlated to the language of the law prohibiting blood-alcohol levels of .08 or over.

In addition, if the suspected driver is also under the influence of a drug, a blood test or urine test is the only way to determine their presence. A breath test is only capable of measuring alcohol.

The breath test, has been determined by the federal government under title 17 to be sufficiently accurate for blood-alcohol testing of suspected DUI drivers. Current models of these sophisticated machines have a very high accuracy rating, although require regular and frequent maintenance and calibration to be reliable. It has been determined that these machines have .02 allowable error range.These machines use heated gases and other very sophisticated techniques to convert one's breath into a blood-alcohol reading to be measured against the requirements of the law. These breath testing machines are subject to a variety of possible errors that make it more susceptible to generating inaccurate and erroneous results. There are two common types of errors. Operator errors occur when the officer fails to follow the specific steps prior to using the machine.

One example is that title 17 requirement that the driver be observed continuously for at least 15 minutes before the test is given. The purpose of this requirement is to prevent the machine from reading possible mouth alcohol present either from recent drinking or coughing, belching or regurgitating prior to the test which could overstate blood-alcohol present.This second type of error is also very common.

Our firm of DUI specialists, carefully inspect for each DUI case we defend the maintenance and accuracy logs before and after our clients has blown in to this machine. These errors can get cases dismissed or reduced in Court.

There are a lot of unanswered questions surrounding the new Ignition Interlock Device now required by law in Los Angeles County for those convicted of a DUI. As with any new law, there remains many loopholes and issues that have not been accounted for. Even as a pilot project, it seems to be fairly difficult to "fool" the ignition interlock machine in any of the following ways.

Can someone use a balloon or other air source to mimic human breath, or can someone else take the test for the driver?

The device currently has anti-circumvention techniques which allow the machine to abort any phony breath samples. This allows it to instantly detect when actual human breath is not being blown into the device and will cause the machine to report the failed sample. Furthermore, you may not have someone else legally take the breath test on your behalf before starting the vehicle. According to California Vehicle Code §23247, it is illegal to have another person blow into the device or to start a vehicle equipped with the device for the purpose of allowing someone whose driving privilege has been suspended to operate a vehicle. For those who aid in the circumvention of the machine, they can be fined or served jail time under California law.

In addition, the device will ask for a running retest throughout the time the vehicle is running. If this running retest fails, the unit will log a violation and in some vehicles the honk will continue sounding until the vehicle is turned off.

It is important to note that the running retest will not cause the driver to take his or her eyes off the road. When the device signals for a retest, the driver has a few minutes to provide the sample. This gives them plenty of time to pull off the road into a safe area and provide the necessary sample. No buttons need to be pushed, the driver need only blow into the unit.

Even if a person is taking medicine that may have alcohol in its ingredients, or have used mouthwash beforehand, the machine will indicate a presence of alcohol over the preset limit and log in a fail. Persons required to install the device are strongly cautioned to avoid such medicine or mouthwash or make other accommodations.

Do not attempt to disconnect the battery of the machine in hopes that it will "forget" or erase any logged violations. The unit has a backup lithium battery to protect its memory.

While there are many unseen problems with the new law, it seems as if the machines have been made to accommodate for those who try to "fool" its purpose. If you have been caught in violation of any requirements of the device speak to an experienced Los Angeles DUI attorney who can provide you with the answers you are looking for!

There is nothing illegal about drinking alcohol. There or is also nothing illegal about drinking alcohol and driving. It is only against the law to drive a motor vehicle with a blood alcohol level (BAC) of .08% or more.

The state of California created this law under section 23152 of the vehicle code. This law has a number of different sections which make it illegal to drive a motor vehicle under certain circumstances. 23152 (a) V.C. prohibits any person to drive a car when their driving ability is impaired by either alcohol or drugs or the combination. 23152 (b) V.C. prohibits driving by those people who have a blood-alcohol level of .08% or more.

When I asked my clients how much they have had to drink, the most common response is with a number. For example, clients will tell me they had a couple of drinks, a few glasses of champagne etc. Our average client speaks of their drinks like they were all the same. Nothing could be further from the truth. This oversimplification, is what commonly gets my clients in trouble. Although, counting and keeping track of what one has to drink is important, what you are drinking is just, and maybe more important than just the number.

Be very careful, drinking beer which has an alcohol content of 12 -14% is not remotely the same as vodka, whiskey, or rum which can have 30% or more by volume of alcohol. Wine, like beer has a much lower alcohol content than other hard liquors. A driver who consumes three shots of tequila will have a much higher blood-alcohol level than one who consumes three glasses of wine or beer.

Mixed drinks can also get people in trouble, because unless you are making the drink yourself, you can never be certain of the amount of actual alcohol being mixed in your drink. For example, while drinking at a bar or restaurant, one drink could actually have two or more ounces of alcohol, while you're counting it as one drink.

It is also prudent and helpful to always combine food when you are drinking. The benefit of food is that it helps the body absorb the alcohol, and then eliminate the alcohol reducing your blood alcohol level (BAC) should you be stopped and ultimately tested by the police. All food is not created equally for the purpose of expediting, or speeding up the process of absorbing alcohol that has been consumed. Typical bar food, like pretzels, peanuts, and tortilla chips and salsa are not a lot of help. Studies have shown that protein rich foods like chicken, beef, and pork, as well as vegetables and protein dramatically increase the body's absorption of alcohol quicker. Also spacing of your drinks helps a lot too.

If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review the facts of your case and determine what sanctions to impose on your license, if any. You have the right to have an attorney appear on your behalf at a DMV hearing.

If you refused to take a Chemical test that would allow the arresting officer to gather evidence regarding your Blood Alcohol Content, your potential consequences will differ from those that submit to the Chemical Test. You have a right to refuse to take the initial chemical test administered at the scene, but generally must comply with the test given at the station.

If you are over 21 years of age, and have been arrested the DMV may suspend your license for one year on a first time offense. For a second offense, you license may result in a two year revocation. For any third of fourth time offense, your license will result in a three year revocation.

For those that are under the age of 21 the potential consequences will be similar. An experienced Los Angeles Criminal Defense attorney may be hired, not only for appearances in court, but also to appear on your behalf for a DMV hearing. Your license is a crucial necessity in your day to day activities, and must be protected. Allow an attorney who is familiar with the process and has dealt with officers for over thirty years help prepare a powerful argument on your behalf that will ensure you don't have your license suspended for the full time period suggested by the legislation.

The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California's case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violations the officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

Although citations for alleged violations are generally not issued for each separate violation, the officer is always seeking to list as many possible violations to build a stronger case against you. Eventhough a ticket typically is not issued at the time of arrest for any DUI, don't be surprised that the officer had listed each and every violation he claims he saw in your police report. Carefully reviewing this report can make you and your attorney aware of the numerous discrepancies contained in the report.

The field sobriety tests, or coordination tests are given by the police officer as a building block to show your lack of coordination and impairment related performance. Although it is always good to be cooperative, it is also important to know what is legally required, and that which is not. These field sobriety tests are not required by law, and since 90% of all drivers completing these do not pass in the officer's eyes, there seems little advantage to agreeing to perform these tests, which are challenging without consuming alcohol.

Your blood-alcohol testing or BAC level, is the contents of your alcohol level determined by a breath or blood test. You have a choice of completing either of these tests, and although the choice is yours, the law requires that you complete at least one of these tests when requested by a police officer who suspects that you have been driving under the influence.

The higher your blood-alcohol level above the legal limit of .08% creates a stronger case against you. Your statements about what alcohol you have consumed, or your admissions to feeling buzzed or impaired, rarely are favorable to making you look better. It is always good to refrain from making additional statements which further corroborate the officers observation about your level of impairment. Don't help the prosecutor build a stronger case against you.

My clients that have been arrested for a DUI often ask me if there are substances that can effectively "fool" a breathalyzer machine. A Los Angeles DUI and Criminal Defense attorney who has been specializing for over thirty years, knows which of these are myths, and which of these substances have an actual effect on your breath test reading.

There are many common myths that some everyday substances like breath mints, onions and denture cream, if present in the mouth before taking a breathalyzer test, will yield a lower result. A knowledgeable DUI attorney will inform you that this is not the case. Additionally, a popular television show named Mythbusters determined whether these substances had an effect, if any, on the results of a breathalyzer test. Tests concluded that there was in fact no lowering affect.

Another common myth claims that placing a penny or battery on your tongue may have a lowering effect on the breath test reading. This is proven to be inaccurate, not to mention, would require some talent to discreetly place the object in your mouth, hold it there during the test, and remove after, without law enforcement taking notice.

There are, however, some substances that were shown by BAC testing experts to have an effect on the breathalyzer reading. Mouthwash changes the results of the test, but not in the way that one would hope. The machine erroneously reads some substances found regularly in mouthwash to be ethanol detected in alcohol. Consequently, the reading will actually overstate the actual BAC found in your blood stream.

In actuality it is much more difficult to "fool" a breathalyzer test than people tend to think. The reading found by law enforcement will have a huge impact on your DUI case. The BAC reading taken from your breath rest will likely be considered accurate unless an error is found. You can find errors in the method you were tested in, or with the machine itself. A well known DUI Specialist who has handled thousands of DUI cases, like Ronald Hoffman, knows exactly where weaknesses in prosecution's case lurk. Our firm will carefully study the specific facts of your case, and will strategically prepare your defense giving you efficient results that you can be satisfied with.

When you are pulled over by an officer on the suspicion of Driving Under the Influence, you are not required to take the screening test at the scene. You are, however, required to take a blood or breath test once you are taken to the station. As with all types of officer administrated tests, including the breath test, there are common errors that arise .

Breath tests are not preferred by law enforcement and prosecutors because they are not a direct analysis. This means that they do not give a direct measure of the Blood Alcohol Content (BAC) but have to be taken as a reading of the breath and then converted to the BAC. The reading derived from a Breath Test is not always accurate. Many factors can alter the results yielding inaccurate evidence.

One such factor is temperature. The machine must be adjusted to accommodate its surrounding temperature and the temperature of the subject; otherwise the reading will be inaccurate. Additionally, breathing patterns have an effect on the reading. Studies show that hyperventilation or vigorous exercise can reduce the BAC reading by up to 32%. In contrast, holding one's breath can increase the reading by 25%.

For these reasons, Breathalyzer machines needs to be calibrated frequently. Calibration is the process of checking the internal settings of a machine against a standard test to assure that it is running properly. If a machine is not calibrated routinely, it will yield inaccurate results, which could affect your entire case.

Breathalyzer machines also have a problem of non specificity. They not only detect ethanol found in alcoholic beverages, but also other substances with a similar molecular structure, such as acetone. Because of a higher level of acetone in dieters and diabetics, they may have a reading that detects a higher BAC, when that is not always the case.

The biggest cause of error in breathalyzer tests comes from mouth alcohol. The breathalyzer needs to measure BAC that is taken as a result of a deep breath from the lungs. If the breath is too shallow, and taken from the mouth, the measure will be inaccurate. A burp or belch will cause there to be a higher measure of mouth alcohol.

The errors and inaccuracy of a breathalyzer test could potentially mean that your BAC is not as high as the tests yield. This not only makes your case weaker for prosecution, but could lead to dismissal. Our firm has been fighting DUI cases for over thirty years. We are familiar with the procedures and errors associated with all breathalyzer tests and know precisely how to weaken prosecution's cases against you. We focus on the specific facts of your case and errors on behalf of law enforcement to strategize the most zealous defense for your case. Hire someone you can trust has the knowledge and background to give your case the best fighting chance and results that you can be satisfied with.

When you are pulled over on suspicion of driving while intoxicated there are several requirements that you must comply with. Knowing what you must do and what you have the right to refuse will better your chances of fighting a DUI case and will help weaken the government's case.

A preliminary screening test is not required by law. If the officer asks you to take a test that will give a reading on your Blood Alcohol Level (BAC) at the site of the alleged DUI, this is upon your volition. It is not required that you take this test, you can choose to wait until you reach the station.

It is necessary that you provide the arresting officer with your basic information. This may include showing him or her a form of ID, insurance information and current address and phone number. The law requires that you have to provide this to the arresting officer and may not refuse to do so.

Additionally, when taken to the station you are required to take a blood or breath test to determine your BAC. Unlike the test administered at the site of the arrest, this one is required. You do not have the option to decline the sobriety test at the police station.

Furthermore, admissions or statements at the time of arrest do not have to be given. You do not have to admit to any kind of drinking or even disclose that you were drinking. The arresting officer may ask you questions regarding what you were drinking, how much and what not. The law does not require that you answer these questions, and you may remain silent until you are in court and/ or have an attorney present.

It is important to know what is required of you when stopped for a DUI. An experienced California DUI attorney can help prepare a strong case based on the facts. Knowing your rights and what you may refuse to do, will help the attorney weaken the government's case and assure that you get the best possible outcome.

A DMV hearing is a hearing held before the DMV regarding your driving privileges. It helps to determine how long your license will be suspended or revoked. The DMV hearing is held separately from your DUI hearing before the judge so as to ensure that you are not deprived of your rights without having been heard. The DMV hearing is an administrative hearing and will not determine whether or not you were guilty of a criminal act and is independent from your case in front of the judge in the criminal court.

At the DMV hearing the issues that will be raised will depend on whether or not you took a test at the time of your arrest. If you took a blood, breath or urine test the issues decided upon at the time of the DMV hearing will focus on the factors driving the arrest. The officer will discuss whether the officer had reasonable cause to believe that you were driving in violation of appropriate vehicle code sections, whether it was a lawful arrest, and if you were driving with .08% or more alcohol in your blood by weight.

If you refused to take a test at the time of arrest the issues discussed at the hearing will be similar for the most part. The officer will consider whether the officer had reasonable cause to believe you were driving in violation of appropriate sections of the vehicle code and whether it was a lawful arrest. In addition, it will be determined if you refused to take the test after you were asked to do so by an officer and when refusing you were informed that a refusal or failure to complete a test will result in your license being suspended for a year or revoked for two to three years when you refused to take the test.

A DMV hearing is not required, and is done at the request of the defendant. The request must be made promptly and in a timely manner as dictated by law, otherwise the right to a hearing is lost. Due to the urgency of the situation it is best to consult a California DUI lawyer immediately following your arrest so you don't miss the opportunity to be heard.

The hearing will determine where you stand with your driving privileges. During a DMV hearing, the officer has the power to set aside a suspension or revocation and in certain situations a restricted license may be granted. Therefore, a strong argument and defense must be prepared in order to ensure the least possible suspension or in certain cases revocation. Experience in dealing with DMV officers and administrative hearings is valuable when it comes to something as significant as your driving rights. Go into the hearing well equipped with all the facts and a strong defense and after consulting someone who has the knowledge and skill to help you keep your license.

Information taken from:
California DMV

Just about a month into the New Year, we learn that the California Highway Patrol is taking a no nonsense approach to Drunk Driving. On New Year's Eve between 6 P.M and 6 A.M, the CHP arrested 108 drivers who were found to be intoxicated over the legal limit in Los Angeles County alone. This number has jumped up by 20 arrests since last year. These arrests include only those that were made by the CHP. The actual number arrested is higher when all local police departments are taken into consideration.

These numbers are from a single night, and when taken alone seem to be tolerable for a huge city like Los Angeles. However, there were seven fatalities in the county alone on that one night. That is seven people who lost their lives due to a careless decision, and innumerable amount of people who lost someone from their lives. The statistics from New Years Eve in Los Angeles County are analogous to those seen around the State of California. Government officials have not only taken notice to the alarming numbers increasing year after year, but are taking drastic actions to deter offenders and help protect the public.

Governor Arnold Schwarzenegger in a speech given on October 13, 2009 at the signing legislation AB 91 explained that it was crucial that we cut down on drunk drivers as it is becoming a serious problem in California. He noted that last year alone there were 1,335 DUI related fatalities and it was "inexcusable" that on a daily basis law enforcement arrested about 550 different drunk drivers which came out to more than 200,000 arrests a year. He further commented that he found it "outrageous" that 25% of these offenders were repeat offenders. As a result he has increased the amount of checkpoints, introduced new legislation and increased penalties to help decrease the growing problem.

Senator Bob Huff enthusiastically supported the Governor's concern by stating that there are 310,000 drivers on the roads in California that have has three or more DUI convictions and 44,210 have had five or more.

Don't be the one that gets arrested for a DUI this year especially with new legislation and more severe consequences. With changes being made, make the right decision after the fact. Understand the severity of the arrest, the impact it will have on all facets of your life and seek the appropriate legal help.

Every driver arrested on suspicion of driving under the influence of alcohol or drugs in California with a blood alcohol level of .08% or greater, or those refusing to take a chemical test by a peace officer, face suspension of their driving privileges between four months on a first offense DUI, to three years for a third offense.

Every driver arrested on suspicion of driving under the influence with a .08 or over, or those refusing to take a blood-alcohol test are all subject to the Department of Motor Vehicles commencing immediately allow action to suspend your driving privilege. This action which is called an administrative per se suspension proceeding gives notice to drivers of the departments intent to suspend a driver's license as a result of their arrest.

For over 10 years the Legislature has enacted what is commonly referred to as a stop and snatch law. This law authorizes police officers to physically snatch or take a DUI suspects Drivers License and forward it to the DMV to commence suspension proceedings.

A temporary drivers license is issued to the driver which contains important notice about DMV laws and procedures including the most important which is the requirement drivers request a hearing within 10 days of the date of arrest to contest the impending suspension action.

A DUI and DMV attorney can protect your valuable drivers license from being suspended. There are many legal and procedural defenses which are attorneys use to fight the DMV every day and save our clients freedom to drive.

The decision to suspend or not suspend your drivings license is based uopn whether the police had probable cause to stop you and whether you had a BAC (Blood Alcohol Level) of .08% or more. An experienced Dui And DMV Specialist can fight the DMV to save your license.