Most drivers know one number when it comes to DUI:

0.08%.

Because that number is so widely recognized, some people assume that if a breath or blood test shows a blood alcohol concentration below 0.08%, they cannot be arrested or prosecuted for driving under the influence in California.

That assumption can be a mistake. A BAC below 0.08% is not automatically a defense.

California DUI law can involve more than simply whether a chemical test produced a particular number.

Depending on the circumstances, a driver may face a DUI allegation based on whether alcohol, drugs, or a combination of substances allegedly impaired their ability to operate a vehicle safely.

That means a BAC number is important, but it may not be the only issue in a DUI investigation.

If you have already been charged, our earlier post on what happens after a DUI charge in California covers the two separate proceedings and the DMV deadline. This one answers a narrower question: what a BAC below 0.08% does and does not mean.

The 0.08% Number Does Not Tell the Entire Story

For most adult drivers, a BAC of 0.08% or higher is an important legal threshold in California.

But DUI investigations can also focus on alleged impairment.

For example, imagine a driver has a BAC below 0.08%, but an officer claims the driver was:

  • Weaving between lanes
  • Driving unusually slowly
  • Braking unpredictably
  • Failing to respond appropriately to traffic conditions
  • Showing other signs the officer believes indicate impairment

The investigation may involve much more than the eventual BAC result.

That is why it is important not to assume:

“I was below 0.08%, so there cannot be a DUI case.”

The specific facts matter.

The statute itself draws that line. Vehicle Code section 23152 makes it unlawful in subdivision (a) to drive while under the influence of an alcoholic beverage, and separately makes it unlawful in subdivision (b) to drive with a BAC of 0.08% or more. An allegation under subdivision (a) does not depend on reaching 0.08%. The same section also covers driving under the influence of drugs, or of alcohol and drugs combined.

DUI Is Not Limited to Alcohol

Another common misconception is that DUI always means alcohol.

California DUI investigations can also involve drugs.

That can include illegal drugs, but it can also potentially involve medications.

A substance does not necessarily have to be illegal for it to affect someone’s ability to drive safely.

Certain prescription or over-the-counter medications can cause:

  • Drowsiness
  • Slower reaction time
  • Dizziness
  • Difficulty concentrating
  • Impaired coordination

Drivers should read medication warnings and speak with their healthcare provider or pharmacist if they are unsure whether a medication can affect driving.

What Does an Officer Look at During a DUI Investigation?

A DUI investigation may involve numerous observations and pieces of evidence.

Depending on the situation, law enforcement may consider:

  • Driving behavior: Why was the vehicle stopped in the first place?
  • Physical observations: What did the officer claim to observe about the driver?
  • Statements: What did the driver say during the investigation?
  • Field sobriety tests: Were tests requested or administered, and under what circumstances?
  • Chemical testing: Was breath or blood testing performed?
  • Body camera or dash camera footage: Was the interaction recorded?
  • Witnesses: Did anyone else observe the driving or events surrounding the stop?

A criminal defense attorney may review these and other facts when evaluating the case.

The Traffic Stop Itself Can Matter

A DUI case does not necessarily begin when someone blows into a breath-testing device.

It may begin with the reason law enforcement initiated the traffic stop.

Why was the vehicle stopped?

What did the officer observe?

What happened after contact was made?

What instructions were given?

What statements were made?

What testing occurred?

The timeline can matter.

That is why someone facing a DUI charge should avoid evaluating the entire case based solely on a single number.

An Arrest Is Not a Conviction

Being arrested for DUI can be embarrassing and frightening.

People may immediately worry about:

  • Their driver’s license.
  • Their job.
  • Insurance costs.
  • Court.
  • Fines.
  • Family.
  • Their criminal record.

But an arrest does not automatically establish guilt.

A criminal charge still has to proceed through the legal system.

The evidence and circumstances can be reviewed, and a defendant has the right to legal representation.

BAC Below 0.08 and Still Arrested? What to Do Next

If you have been arrested, keep all documents provided to you.

Pay close attention to:

  • Court dates
  • DMV paperwork
  • Release documents
  • Temporary license information
  • Testing information
  • Other instructions

Write down what you remember while the incident is still fresh.

Consider details such as:

  • Where were you before the stop?
  • Why did the officer say you were stopped?
  • What questions were you asked?
  • What tests were performed?
  • What do you remember saying?
  • Were there passengers or other witnesses?
  • Was the encounter recorded?

Do not post your version of the incident on social media.

Preserve the information and discuss it privately with your attorney.

Do Not Build Your Defense Around a Number You Saw Online

DUI cases are fact-specific.

The internet is filled with statements such as:

  • “Under .08 means you’re safe.”
  • “Just refuse every test.”
  • “First DUIs aren’t serious.”
  • “The case will automatically get dismissed.”

Legal matters rarely work that simply.

What happened to another driver does not determine what will happen in your case.

The better approach is to have the specific facts reviewed.

At Khashan Law Firm, our criminal defense team can help individuals charged with DUI understand the allegations, the process, and the legal options that may be available based on their circumstances.

A DUI arrest can create immediate questions about your driver’s license, court dates, employment, finances, and future.

Do not assume your case is already decided based solely on a BAC number.

If you have been arrested or charged with DUI in California, contact Khashan Law Firm to discuss your situation with our criminal defense team and learn more about your legal options.

Khashan Law Firm proudly serves clients throughout Ontario, Murrieta, Rancho Cucamonga, Temecula, the Inland Empire, Southern California, and surrounding California communities. Hablamos EspaƱol. (866) 34-INJURED