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Can I get a DUI if my alcohol level was under .08? | Fresno Criminal Defense & DUI Attorney

Posted by Jonathan E. Rooker | Nov 14, 2017 | 0 Comments

I was under .08 and the officer arrested me for DUI anyways, can he do that?

The sad, and true answer is yes.  VC 23152 allows for an "impaired" driver to be arrested.  This is how a person on marijuana, vicodin, oxycodone, Soma, or many other narcotics and non-narcotics are cited for driving under the influence or driving while impaired each year.  In fact, many DUI attorneys now believe that the DUI-DRUG aspect of the DUI business is in fact the future of the business.

If a driver is impaired, by alcohol or another substance, they can be cited and convicted of DUI. This can be alcohol alone, even when the BAC measures less than .08 BAC.  Many people do not understand that driving while impaired, by alcohol, narcotics, or other substance can be charged and convicted when a person is under .08 BAC. Also, a combination of substances may interact to cause impairment.  For example Marijuana and Alcohol, in combination, can cause impairment.  Other combinations include alcohol and prescription narcotics.  While each substance, in small quantities would be insufficient to impair an individual, especially if they are a regular user of that narcotic, the combination of two or more substances may combine to cause an impairment, that renders a person incapable of operating a motor vehicle with the ordinary care and prudence of an ordinary person.  In short, it can impair a person's ability to operate a motor vehicle to a substantial degree.

To show impairment, officers may use numerous tools.  Some relevant factors are driving pattern, sobriety tests, Drug Recognition Exams, speech, appearance, and many other factors in their totality.

Axion Labs in Chicago provides the American Chemical Society lab for gas chromatography solid drug, mass spectrometry, and DUI Drug training for the most serious DUI Attorneys in the nation.  Jonathan is attending his second course, Solid Drug/Mass Spectrometry in November of 2014.  He attended his first course, Gas Chromatography last August.  He will continue to pursue the highest honor of DUI academics, the Lawyer Scientist Designation.

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