CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI: Bac Above 0.15 Percent

Why Your Alcohol Level Matters in a Drunk Driving Charge

If you’re facing drunk driving charges, you may think that the outcome is going to be the same no matter what. However, the severity of the offense is dependent on several factors, including your alcohol level, prior convictions, and whether you caused an accident while driving while under the influence.

Your intoxication levels are incredibly important when it comes to a drunk driving charge. If your blood alcohol level is high, you’re likely to face more severe penalties than if your BAC is close to the legal limit. This is because lawmakers believe that a driver with a high alcohol level is more likely to cause an accident and has a more serious drinking problem.

In California, driving with a bodily alcohol level of .08 or higher per 210 liters of breath is a criminal offense under Vehicle Code Section 23152(b) VC. However, if your bodily alcohol level is .15 or higher, the penalties are significantly stronger. Pursuant to California Vehicle Code Section 23578 VC, it is illegal to operate a motor vehicle with a blood alcohol level of .15 or higher.

After an arrest, you might not know your bodily alcohol content. If you take a breath test, the results are available immediately to you and the law enforcement officer. However, sometimes, no breath test is taken. If you take a blood test, the results can take weeks, months, or more.

The state has faced significant problems processing blood test results promptly such that charges against you can be dropped by the state if it takes over a year to process your blood test results. If the blood alcohol content results are available on time, the prosecutor may charge you with a more severe crime for a BAC over .15.

If you’re charged with high bodily content, the prosecutor will often charge you with a more serious offense than typical drunk driving under California’s DUI laws. The penalties are significantly more severe than standard DUI charges. You will likely be required to go to a six or nine-month alcohol education program where you’ll learn about alcoholism and the dangers of drinking and driving. You could also face longer jail times, more community service hours, and programs that educate about the severity of your actions.

While a high bodily alcohol content conviction doesn’t automatically lead to a more extended driver’s license suspension period, your license will be suspended until you complete alcohol education coursework. Since severe convictions may have longer courses than standard DUIs, you may face longer license suspensions. You may also have longer periods in which an ignition interlock device is fitted to your vehicle to ensure you don’t drive if alcohol is in your system.

If you’re facing charges for high bodily alcohol content, you need to work with Todd Spodek DUI lawyers to assess your situation and weigh your options. These attorneys can defend against the chemical testing the police officers conducted on you, determine if they violated your rights, and provide guidance on how to protect yourself effectively. Working with an attorney is vital to ensure that every available defense strategy is used to protect you.

Table of Penalties for Drunk Driving Charges

The penalties you’ll face if you’re convicted of a drunk driving offense vary depending on the specific characteristics of your offense.

First-time DUI

Second-time DUI (within 10 years)

Third-time DUI (within 10 years)

Fourth-time DUI (within 10 years)

Penalties are progressively higher for those with multiple DUIs from within 10 years of the last conviction.