There is some attempted legislation calling for a .05 to be the national legal limit throughout the USA. However today it is .08 is most states. Many drivers mistakenly believe that as long as they are below .08 they are in the clear. However, an arrest could still take place if some of these factors are present:

The DA would argue that you were DUI at the time you were driving…and not consider the time of the test.

Even the most skilled and experienced prosecutors in every state, will find it tricky to establish impairment if your official BAC at the time of your <> DUI arrest stands at way below 0.08 percent.

However, if you register a BAC of at least 0.07 percent or anything closer to 0.08, the prosecutor could claim that the passage of time has caused your BAC to fall and that the alcohol level in your blood was actually above the legal limit when you were driving.


You should also keep in mind that juries typically frown upon DUI’s and Domestic Violence cases. Jurors will likely pronounce you guilty if there is strong evidence of impairment, even when your case revolves around a BAC that’s below the legal limit.

Zero tolerance laws

A minor can’t have any real alcohol in his/her system and an arrest will lead to California’s DMV suspending the driver’s license for a year under the Zero tolerance laws. A drivers with children in the car will be treated more harshly yet.

Breathalyzer false positives

Breathalyzers are usually reliable, but they’re far from perfect. It is possible to blow into the breathalyzer and get a BAC much higher than the real alcohol levels in your blood because of a false positives.

A BAC’s false positive readings could occur from having a drink shortly before getting into the car and where there may be a lot of alcohol residue in your mouth. If you just had a tooth pulled it could be in the hole. Being a device designed to read deep breath lung samples, a breathalyzer will surely pick up any trace of alcohol in your mouth. The result, of course, would be a very inaccurate reading that is much higher than your actual BAC.

If your BAC breaches the 0.08 mark, you will be arrested and charged with a DUI right away. It may be true that you have a good chance of getting off the hook if you had a skilled and experienced DUI attorney by your side. Still, the expense, inconvenience, and embarrassment of being arrested and prosecuted for DUI make that one drink you had before getting behind the wheel so not worth it, even when it’s the breathalyzer’s fault.

Considering that you can still be the subject of a DUI arrest and prosecution with a BAC below the legal limit, why drink at all when you drive? Take an Uber, Lyft or Taxi. They are a lot cheaper than calling me.

If you are arrested cut out this card and give it to the arresting officer. But remember When stopped for a DUI, the Officer asks the driver to exit the vehicle & asks questions which you don’t have to answer. Most drivers (and lawyers) don’t know the Breath Test and Field Sobriety Test (FST) at the scene are OPTIONAL. These tests can only hurt the driver’s case.

It is arguable that taking a Blood Test at the police station or hospital is preferable. Many believe with the passage of time the reading will decrease by the time the blood is drawn………..unless the driver just chugged a drink and the alcohol had not yet gotten into the blood system. The average driver is not aware that it takes about an hour for the alcohol to go into your blood stream and an hour to come out…………but now YOU DO!


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