One of the biggest elements of a DUI case is the blood alcohol level. Under California Penal Code §23152, and §23153, it is not necessary for a person’s blood alcohol level to be over .08% for them to be charged and convicted of driving under the influence.
The law is clear on the subject, and if a prosecutor or Judge had all the facts, they could readily convict a person who has been charged. Fortunately, that is not how the law actually plays out in Court. If a person has a low blood alcohol level, under .08%, there is a good chance their case will be reduced or dismissed.
The charges will likely be reduced from a driving under the influence of alcohol to a wet and reckless driving charge, dry and reckless driving charge, or an exhibition of speed. This is the best case scenario when it comes to facts. The courts are more flexible if the blood alcohol level is low.