Question: Does having had alcohol count against you if it is below the legal limit?

Answer: It is possible to get convicted of a DUI even if your BAC level is below .08. Additionally, a person can be charged with a DUI even if there is no alcohol involved (ie. drugs, including certain prescription drugs).  Also, if you are under 21 years old or on probation with DUI conditions the legal limit is no longer .08, it is .01.  Further, if you are a commercial driver driving a commercial vehicle at the time of your arrest, the legal limit is .04.  You can even get a DUI for drugs, both illegal and prescription drugs, without any alcohol in your system.

Feel free to call me at 818-336-1384 should you have any questions.


Philip Hache, Attorney