DUI · answered on camera

How To Understand Why DUI Charges Happen Without Test Evidence

Name: How To Understand Why DUI Charges Happen Without Test Evidence
Uploaded: 2025-07-13T09:10:00Z
Channel: Darryl Stallworth
Description: 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.

Quick answer

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.

Excerpt summaries from the video and transcripts · how we make them

Answered by Darryl Stallworth · Oakland, CA

Highlights

0:29

— how you can face a 'wet reckless' even below the .08 limit

1:12

— when the impairment count gets added to a stop

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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Contact Darryl Stallworth

Answered by

Darryl Stallworth
Darryl A. Stallworth Law Office

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