Answer: It is possible that there will be an additional penalty for having a .15 or higher BAC, but that, along with everything else, can be fought. Sounds like there are some good starting points to defending your case. 1. can they prove actual driving? 2. If they can prove driving, can they prove time of driving (to satisfy the 3 hour BAC presumption. I would recommend contacting an attorney to discuss your case in more detail. Feel free to contact me if you would like at 818-336-1DUI
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