Blowing It: How Your Blood Alcohol Content Level Affects Your DUI Charge

Being arrested for DUI is a serious event in any person’s life. It can mean facing hefty fines, jail time, the loss of a driver’s license, and having to report on job or financial aid applications that you’ve been convicted of a crime.

Few people realize, though, that your blood-alcohol content can affect how you are charged. While the common conception of a DUI is blowing the standard .08% BAC on a Breathalyzer test, having a higher BAC could result in harsher penalties.

0.08%, 0.15%, and 0.20%

California Vehicle Code Section 23152 makes it unlawful for any person to drive a vehicle while they have a .08% blood-alcohol content level (BAC). This is the number that most people recognize. If you are convicted of DUI with a BAC of .08%, you could face up to six months in county jail, a fine of up $1,000 and six-month suspension of your driver’s license.

But if your BAC is above .08%, your punishment could be more severe. In addition to six months in jail and a $1,000 fine, California Vehicle Code Section 23575 allows a court to give “heightened consideration” to requiring you to install an ignition interlock device (IID) on your vehicle if you are arrested for DUI with a BAC of .15% or higher.1 This device requires you to test your BAC before starting your vehicle. If it detects alcohol, your car will not start and the court will be notified.2

Additionally, being convicted of DUI with a BAC of .15% or higher could result in a 10-month suspension of your driver’s license. You could also be required to attend an alcohol program for at least 30 hours.3

If your BAC was .20% or above and you were convicted of DUI, you could receive the standard six months in county jail and $1,000 fine in addition to a nine-month long alcohol class that includes at least 60 hours of program activities.4

No matter what your BAC was, you face jail time and expensive fines if you are convicted of DUI. That is why it is vital that you contact an experienced DUI defense attorney right away if you have been arrested for DUI.

Call the DUI Defense Attorneys at Wallin & Klarich Today

If you have been arrested for a DUI, you need to contact a skilled criminal defense attorney immediately. At Wallin & Klarich, we have been successfully defending our clients against DUI charges for over 40 years. We may be able to argue that your Breathalyzer test was administered wrong or use another valid defense to help you fight these charges.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, an experienced Wallin & Klarich attorney can help no matter your location.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.

<sup>1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23575-23582 href="#ref1">↩
2. https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/fast_facts/ffdl31 href="#ref2">↩
3. http://www.ncsl.org/research/transportation/increased-penalties-for-high-blood-alcohol-content.aspx href="#ref3">↩
4. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23536-23552href="#ref4">↩</sup>