How To Understand Why DUI Charges Happen Without Test Evidence
Can you get a DUI in California without blowing a .08? Yes, explains Oakland DUI attorney Darryl Stallworth. California has two counts: 23152(b) covers .08 or higher, while 23152(a) covers driving impaired at any level. A small person on one strong drink can qualify. But the impairment count is realistically charged only when the driving itself shows genuine impairment.
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Answered by Darryl Stallworth · Oakland, CA
Highlights
Frequently Asked Questions
Can you get a DUI without blowing a .08?
Yes—California has two counts: 23152(b) covers .08 or higher, while 23152(a) covers driving impaired at any level, so you can even face a 'wet reckless' below the limit.
When is the impairment count added?
Realistically only when the driving itself shows genuine impairment, since a small person on one strong drink can qualify under the impairment count.
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