Excessive blood alcohol pushes a person’s intoxication level past 0.08%, California’s legal limit. Any amount of alcohol can affect a driver, but state law considers a blood alcohol content (BAC) level of 0.15% or higher as excessive.
California drivers can be arrested on charges of driving under the influence (DUI) if their BAC exceeds the state’s legal limit. Drivers could face increased penalties if their BAC is excessively high at the time of their arrest, which could include more jail time, a longer driver’s license suspension, and DUI classes.
If you are charged with DUI in a case involving a high BAC, a Los Angeles criminal defense lawyer from Simmrin Law Group can help. You can call today for a free consultation.
California’s Legal Limits for Blood Alcohol Content (BAC)
Alcohol can affect the body as soon as it enters the bloodstream. The BAC level shows how much alcohol is in the bloodstream. Under California’s law, drivers must legally keep their BAC below:
- 0.08% if they are over age 21 (the legal drinking age in California).
- 0.04% if they are commercial drivers or driving a passenger for hire.
- 0.01% if they are under age 21.
- 0.01% if they are on DUI probation (This applies to people of any age.)
Drivers with a BAC higher than the legal limits in California can be arrested on a DUI charge. Additionally, drivers with a BAC below the legal limit can also face arrest if they appear to be impaired.
Common visible signs of intoxication include:
- Bloodshot or watery eyes
- Coordination loss (unsteady gait)
- Slurred speech
- Slowed reflexes
- Drowsiness
- Flushed face, flushed skin
- Loud speech
Drivers Can Face DUI Charges for Reasons Unrelated to BAC Level
Law enforcement can also arrest a person if they observe erratic driving behaviors, such as swerving, bobbing, and weaving in traffic, driving unusually fast or slow, or ignoring traffic signals.
If an officer smells alcohol after stopping a vehicle, they can investigate further and take other actions, regardless of a person’s BAC level.
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The Definition of Excessive Blood Alcohol in California
Drivers who meet or exceed California’s legal limit for BAC can be charged with a DUI. Drivers with an excessively high BAC level may face sentencing enhancements under Vehicle Code § 23578. The statute states that drivers have an excessively high BAC if it is at or above 0.15%.
Note that California uses another, more severe charge to handle drivers with an even higher BAC. Under Vehicle Code Section 23538 (b) (1), any driver with a BAC over 0.20% can face additional penalties.
Assessing Excessive BAC Levels in California
Law enforcement officers can use chemical tests to determine if a driver has an excessively high BAC. Generally, police officers use breath tests, like the breathalyzer, to measure BAC. However, blood tests or urine tests may be used in some situations.
Drivers are legally required to cooperate with BAC testing if they are:
- Under age 21
- On DUI probation
- Legally under arrest
If you drive in California and face a lawful arrest for DUI, you consent to submit to various post-arrest BAC tests. There are penalties for refusing to take a chemical test, and you could face penalties for refusing a DUI blood test, as well.
What to Do After a DUI Arrest in California
Refusal to complete a legally ordered BAC test can lead to criminal charges in California. Additionally, refusing a test does not mean that a police officer will not make an arrest.
If you are arrested for a DUI in California, get in touch with a criminal defense lawyer in Los Angeles as soon as possible. Simmrin Law Group can review your legal options and next steps with you today.
California’s Penalties for Excessive Blood Alcohol Levels
Drivers with an excessive BAC level can face enhancements to their sentence if they are convicted of a DUI. Let’s review the standard penalties for a DUI before we discuss the enhancements. A driver convicted of a first-time DUI in California could face:
- Fines of up to $2,000
- Jail time of up to six months
- Use of an ignition interlock device (IID) for six months
An enhancement for excessive blood alcohol increases the repercussions for a DUI conviction. Drivers with a BAC over 0.15% can face higher fines and additional time in jail. They may also be ordered to:
- Maintain their IID for up to three years
- Attend nine months of traffic school
- Complete community service
- Take part in an alcohol treatment program
Drivers arrested with a BAC over 0.20% can face other sentencing enhancements. In this situation, drivers could be ordered to attend 60 hours of an alcohol treatment program in addition to the penalties discussed above.
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Disputing Charges of Excessive Blood Alcohol in California
A DUI lawyer in Los Angeles can help if it is alleged that you had an excessive BAC level during a DUI arrest. Your lawyer may be able to help by disputing your BAC test results. These tests sometimes return faulty results, especially if:
- The police officer did not administer the test properly.
- The police officer waited too long to administer the test.
- The test was not stored or maintained properly.
- The laboratory techs did not follow proper procedures when assessing the test.
A legal professional from our team can work to show your BAC was not excessively high during your arrest. We can also work to resolve your DUI charge completely so you can move forward with your life.
Get Help With a Case Involving Excessive Blood Alcohol Charges
A blood alcohol content level of 0.15% or higher is considered excessive in California. Drivers with a high BAC can face additional penalties if they are convicted of a DUI. Contacting Simmrin Law Group for legal help after an arrest is a step you can take to protect your future and fight your case.
You can focus on your defense during a free initial case evaluation from our DUI lawyers in Los Angeles. Call us today or fill out our online contact form to get started.
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