The Tabo Law Firm

Can I get a DUI in California if I am below a 0.08?

July 6, 2021

Can I get a DUI in California if I am below a 0.08 alcohol level? Yes, you can. You do not need to be above a 0.08 to be arrested for a DUI. Why is that?


California’s Penal Code (PC) has two separate and distinct DUI statues, 23152 (a) and 23152 (b). These vehicle code statutes state:


  • 23152 (a): It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
  • 23152 (b): It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.


Being under the influence does not necessarily mean that your blood alcohol level is above a 0.08. Every person is different. Someone may not be able to drive safety after two glasses of wine, others may be able to. You, as a driver, need to use your best judgment and in case of doubt, be safe, do not drink and drive.


The District Attorney’s office typically charges violation of both penal code 23152 (a) and 23152 (b). However, they can just file for 213152(a) when they have evidence that the defendant was driving under the influence but do not have tests which show a blood alcohol content of above 0.08. This evidence can include a police officer witnessing erratic driving by the defendant, the defendant’s performance on the field sobriety tests, etc. You can also get a DUI while on drugs. This is a separate vehicle code 23152 (f). 


The Tabo Law Firm always recommends you catch a cab, walk, or have a designated driver if you are worried about driving under the influence. If you are arrested and charged with a DUI, please contact The Tabo Law Firm so that we can help get the best outcome for you. 

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