Could You Be Found Guilty of DUI?

San Diego DUI Attorney Explains BAC & Drunk Driving

When you have been accused of drunk driving, there are numerous factors that influence the outcome of your case. One of those things are the types of crimes that you may be accused of through a DUI arrest. While a California DUI is usually considered as one crime, there are two separate offenses that typically encompass this crime:

  • Driving under the influence of alcohol and/or drugs (California Vehicle Code 23152(a))
  • Driving with a BAC level of 0.08% or higher

California Vehicle Code §23152(b) describes the second charge listed above, "driving with a measurable blood alcohol content of .08% or more." In order for the jury to prove that a defendant is guilty of this offense, it must be shown that the defendant drove a vehicle and that while operating the vehicle his/her BAC level was 0.08% or higher.

When you have been accused of drunk driving, you are facing an uphill battle. You need someone who is willing to stand by your side during this time and fight with you until the end. With San Diego DUI Attorney Mark De Yoe, you have this advocate. Find out more in a complimentary consultation at no cost to you!

How is BAC Measured?

If the defendant's breath or blood was tested within three hours of the defendant's driving and that sample showed a BAC level of 0.08%, the defendant can be convicted of driving under the influence. As California law explains,

[If] a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense.

While evaluating whether or not a defendant is guilty, the jury can consider whether the person administering the test or the agency maintaining the testing device followed the regulations imposed by the California Department of Health Services.

Were you driving the car?

Before a jury can find you guilty of this crime, an officer (or other witness) must have personally observed you driving.

This charge can be contested for any of the following reasons:

  • You were arrested for DUI following an accident (while not inside your car)
  • You were only sitting in your car
  • You fell asleep inside of your car

There is nothing illegal about having a BAC level of 0.08% or higher, as long as you weren't driving. Sometimes an individual will run into a car and will leave a note for that car's owner. If that individual were then to go home and drink alcohol, he/she would not be guilty of DUI, if police were to question him/her about the accident and if he/she blew a 0.10% BAC level. Keep in mind, however, that there are some cases where an individual can be charged with DUI even if they were not actually driving.

Get a Proven San Diego DUI Lawyer On Your Side

While the situation described above is actually quite common, prosecutors continue to relentlessly push for DUI charges. Even if you blew 0.08% or higher, that does not mean you were above the legal limit while you were driving or that your test results are accurate.

If you believe that your BAC level was higher at the time you took your breath or blood test then when you were driving, our DUI lawyer can investigate this, in order to find evidence that could exonerate you. Contact Mark R. De Yoe, APLC today to secure the aggressive legal services you deserve on your side!