Many different facts and circumstances help determine the outcome of a person’s driving under the influence case. When you have been charged under California Penal Code §23152, or 23153, one of the most influential pieces of evidence will be your blood alcohol level, or BAC.
When a person has been arrested or stopped on suspicion of a DUI, they will be asked to submit to a field sobriety test. This test is administered on the field and contrary to popular belief, is not mandatory. In contrast, if the person is taken into custody, a second blood alcohol test will be given at the station. This second test is in fact mandatory, and refusing to take the test can result in harsher potential consequences.
The blood alcohol content can be measured either by taking blood, or through breath. Each has its pros and cons and the ultimate decision of which one is taken is determined by the person being charged.
Although the Penal Code states that a person may be charged if they have a blood alcohol level of .08 or higher, it also states that it is not required. A person can just as easily be arrested with a BAC of .07 or less. However, if you blood alcohol level is closer to .08, there is a stronger change that an experienced Los Angeles DUI lawyer can either have the case dismissed or reduced.
Let’s consider an example. David has been charged with a DUI and his BAC is .08. He was barely drinking and was pulled over because of expired license plates. An experienced lawyer will go into court on David’s behalf and argue that the Prosecutor’s do not have enough evidence to go on, and that a .08 is hardly enough to indicate impairment.
There is more of a chance that the government will agree to reduce the charge from DUI to a wet and reckless, or dry and reckless. These charges will still be misdemeanors, but they will not be a DUI on the record.
Let’s assume that David instead of blowing a .08, blows a .12. This is a very high BAC and the courts will not look too favorably upon David. Although any good DUI attorney will argue the facts of the case and state that the government did not meet its burden of proof to find David guilty, the chances of having the charges dismissed have a lower probability.
Furthermore, the attorney may not get the charge reduced but will certainly be able to negotiate a better sentence that does not involve jail time or extensive fines.
Regardless of your BAC, an experienced and reputable attorney is necessary to get your case the best results possible. Schedule a free consultation as soon as possible.