Many drivers assume they cannot be arrested for driving under the influence (DUI) if their blood alcohol concentration (BAC) is below 0.08%. In California, that assumption is incorrect. While 0.08% is the legal limit for most adult drivers, you can still be arrested and convicted of DUI if alcohol or drugs impaired your ability to drive safely.

If you have been arrested for DUI in Orange County, Newport Beach, or anywhere in California, The Logrue Law Firm can help you understand your rights and evaluate your legal options.

What Does the 0.08% BAC Limit Mean?

Under California law, a BAC of 0.08% or higher creates a legal presumption that a driver is under the influence. However, this is only one way prosecutors may attempt to prove a DUI case.

California Vehicle Code section 23152(a) makes it unlawful to drive while under the influence of alcohol or drugs to the extent that your physical or mental abilities are impaired, regardless of your BAC level.

Can You Be Arrested If Your BAC Is Below 0.08%?

Yes. Police officers may arrest a driver with a BAC below 0.08% if they believe the driver’s ability to operate a vehicle has been impaired. Officers commonly rely on evidence such as:

• Poor driving or traffic violations
• Slurred speech
• Bloodshot or watery eyes
• Odor of alcohol
• Difficulty maintaining balance
• Performance on field sobriety tests
• Statements made by the driver
• Evidence of drug impairment

For example, a driver with a BAC of 0.05% who displays signs of impairment may still be arrested and prosecuted for DUI.

How Prosecutors Try to Prove These Cases

When a driver’s BAC is below 0.08%, prosecutors often rely on the totality of the circumstances instead of the chemical test alone. Evidence may include:

• Police reports
• Officer observations
• Body-worn camera footage
• Dash camera recordings
• Witness statements
• Field sobriety test results
• Drug Recognition Expert (DRE) evaluations

Because these cases frequently depend on subjective observations, they can often be challenged by an experienced DUI defense attorney.

Different BAC Limits for Certain Drivers

California imposes lower BAC limits for certain drivers:

• Commercial drivers: 0.04% BAC
• Drivers under 21: Generally 0.01% BAC under California’s Zero Tolerance Law
• Drivers on DUI probation: 0.01% BAC

Defenses to a Below-0.08 DUI Charge

An experienced DUI attorney may be able to challenge the prosecution’s case by arguing that:

• The driver was not actually impaired.
• The traffic stop was unlawful.
• Field sobriety tests were improperly administered or unreliable.
• Medical conditions or fatigue explained the officer’s observations.
• The chemical test was inaccurate or improperly conducted.

Every DUI case should be evaluated based on its own facts.

Frequently Asked Questions: Can You Get a DUI in California If Your BAC Is Below 0.08%?

1. Can I be arrested for DUI if my BAC is below 0.08%?

Yes. In California, you can be arrested and charged with DUI even if your blood alcohol concentration (BAC) is below 0.08% if law enforcement believes your ability to drive was impaired by alcohol, drugs, or a combination of both. California Vehicle Code § 23152(a) prohibits driving while under the influence, regardless of a specific BAC.

2. Isn’t 0.08% the legal limit?

A BAC of 0.08% creates a basis for a separate DUI offense under California law, but it is not a “safe” level below which a DUI charge is impossible. Prosecutors may pursue a DUI charge based on evidence of impairment even when the BAC is under 0.08%.

3. What evidence can prosecutors use if my BAC is under 0.08%?

Evidence may include:

• Driving behavior
• Field sobriety test performance
• Officer observations
• Statements made during the stop
• Body camera or dash camera footage
• Chemical test results
• Witness testimony

4. Can prescription medication lead to a DUI?

Yes. You may be charged with DUI if prescription medication, over-the-counter medication, illegal drugs, or a combination of drugs and alcohol impairs your ability to drive safely.

5. Can a DUI under 0.08% be dismissed?

Possibly. Every case is different. An experienced DUI defense attorney may challenge the legality of the traffic stop, the accuracy of the investigation, chemical testing procedures, or whether the prosecution can prove impairment beyond a reasonable doubt.

6. Will I automatically lose my driver’s license if my BAC is below 0.08%?

Not necessarily. The administrative license suspension process and the criminal court case are separate proceedings. Whether your license is suspended depends on the specific facts of your case and applicable California law.

7. Should I hire a DUI attorney if my BAC was below 0.08%?

Yes. A BAC below 0.08% does not automatically prevent criminal charges. An experienced DUI attorney can evaluate the evidence, identify possible defenses, and work to protect your driving privileges and your future.

8. How can The Logrue Law Firm help?

At The Logrue Law Firm, we defend clients throughout Newport Beach, Orange County, and Southern Californiawho have been arrested for DUI. We thoroughly investigate every case, challenge weak evidence, and work toward the best possible outcome for our clients.

Contact The Logrue Law Firm

If you were arrested for DUI with a BAC below 0.08%, it is important to speak with an experienced criminal defense attorney as soon as possible. The Logrue Law Firm represents individuals charged with DUI and other criminal offenses throughout Orange County, including Newport Beach and the surrounding communities.

Attorney Polina Logrue is a former California prosecutor who understands how DUI cases are investigated and prosecuted. She uses that experience to build strategic defenses designed to protect her clients’ rights and pursue the best possible outcome.

If you are looking for an experienced Orange County DUI attorney or Newport Beach DUI lawyer, contact The Logrue Law Firm today to schedule a confidential consultation.

The Logrue Law Firm – Orange County DUI Attorney | Newport Beach Criminal Defense Lawyer

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every case is unique and should be evaluated based on its specific facts.