Charged with a DUI when sober?!

A man in Arizona was arrested for drunk driving based on a failed field sobriety test and is now suing the city he was arrested in, since his blood alcohol level was zero.

Read on about this case here: http://abclocal.go.com/kfsn/story?section=news/bizarre&id=9132368

This might be surprising to some people, but in California one can be charged with a DUI even when the blood alcohol level is below the legal limit of 0.08. Even if it is a zero. Vehicle code section 23152(a) makes it possible, since it does not specify the legal limit:

23152.  (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

 

A DUI conviction can have serious consequences, so it is important to know all options before going into court. The attorneys in our office can offer you legal advice and assistance if you are in a position where you need it. Don’t hesitate to contact us, even if just for a free consultation.