Over twenty years ago the legal determination of when a person was found to be drunk in excess of the legal amount was based on impairment. That however, is not the case anymore. Modern DUI law uses an objective amount of Blood Alcohol Level (BAC) to determine when a person is excessively drunk and in violation of the law.
Too often the mistake that many people make is to assume that they are not impaired and are able to drive after having a few drinks. This is the first decisions that leads to a DUI arrest and in many cases a conviction.
If a person was found to be unable to walk a straight line, or bring themselves to focus, they would be arrested for a potential DUI conviction. Now the law has changed and is based on a model that relies on a presumptive number. Through the use of a sobriety test, authorities will conclude if you are in violation of DUI law if your BAC is .08% or over. There is no requirement of impairment. Furthermore, prosecution has no duty to prove that you were impaired, only that your BAC was over .08%.
We encourage people to understand this crucial distinction. You may feel as if you are in complete control of your senses and are not the least bit impaired, but your BAC can still register over .08% and found to be in violation of the law.
An experienced Los Angeles DUI attorney has handled thousands of cases in which the defendant was not feeling the least bit impaired but was found with a BAC over .08% and consequently charged with a DUI. A powerful argument from a knowledgeable attorney will ensure that the judge understands your lack of impairment despite the BAC. Take precautionary steps to ensure that your freedom is protected and remember that even if you do not feel impaired you may still be charged with a DUI in the state of California.