Excessive blood alcohol is defined as an intoxication level past 0.15%, and the penalty for it in California is getting arrested on charges of driving under the influence (DUI). That said, a person with an intoxication level past 0.08% has already surpassed California’s legal limit.
Drivers can face increased penalties if their blood alcohol content (BAC) is excessively high at the time of their arrest. These penalties may include additional jail time, a longer driver’s license suspension, and attendance at a set number of DUI classes.
If you are charged with a high DUI blood alcohol level while operating a vehicle, a Burbank criminal defense lawyer can help.
California’s Legal Limits for Blood Alcohol Content (BAC)
Alcohol can affect the body as soon as it enters the bloodstream, and BAC levels show just how much alcohol is in the bloodstream at any given time. Under California state laws, drivers must legally keep their BAC below the following limits:
- Over the age of 21 years old: 0.08%
- Under the age of 21 years old: 0.01%
- Commercial drivers: 0.04%
- Those driving a passenger for hire: 0.04%
- DUI probationers: 0.01%
Drivers with a BAC higher than these legal limits can be arrested on a DUI charge. Additionally, drivers with a BAC below the legal limit can also face arrest if law enforcement determines that they appear to be impaired.
These are common signs of intoxication that police look for when analyzing a situation:
- Bloodshot or watery eyes
- Coordination loss or an unsteady gait
- Slurred speech and slowed reflexes
- Drowsiness and confusion
- Flushed face and skin
- Loud volume when speaking
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The Legal Definition of Excessive Blood Alcohol in California
According to California Driver’s Handbook Section 9: Alcohol and Drugs, 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 are considered to have an excessively high BAC if their blood alcohol level is either at or above 0.15%. However, under Vehicle Code Section 23538 (b) (1), any driver with a BAC over 0.20% can face even more penalties if applicable.
Assessing Excessive BAC Levels in California
Law enforcement officers can use chemical tests to determine if a driver has an excessively high BAC. Generally speaking, police officers use breath tests—such as the breathalyzer—to measure your BAC. However, blood tests or urine tests may be preferred in certain situations.
These groups of people are legally required to cooperate with BAC testing:
- Those under the age of 21 years old
- People who are actively on DUI probation
- Anyone who is legally under arrest
If you’re a driver in California who’s facing a lawful arrest for DUI, you might be wondering if you should consent to various post-arrest BAC tests. There are penalties for both refusing to take a chemical test and choosing not to take a DUI blood test.
A Burbank DUI lawyer can give you more information.
California’s Penalties for Excessive Blood Alcohol Levels
Drivers who are found to have an excessive BAC level while operating a vehicle 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 these consequences:
- Fines up to $2,000
- Jail time of up to six months
- 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 do the following:
- 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 as well. In this situation, drivers might 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 might be able to help you if it is alleged that you had an excessive BAC level during an arrest. Your lawyer can try to help you by disputing your BAC test results. These tests sometimes return faulty results, especially if any of the following is true:
- 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 technicians did not follow proper procedures.
A legal professional from our team can build a case that shows 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.
Contact a Burbank Criminal Defense Law Firm for 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.
However, the team at Simmrin Law Group can offer legal help to those who’ve been arrested. Let us help you protect your future and fight your case.
The sooner you call us, the sooner you can hear more about us and what we can do on your behalf. Reach out today to discuss the specifics of your situation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form