High BAC DUI

High BAC DUI in California | DUI Laws on High Blood Alcohol Levels

What Defines High Alcohol Level?  How “High” is “High”

Drivers with higher alcohol levels represent greater risks of causing serious accidents, with injuries, loss of life and extensive property damage. The California legislature has targeted two groups of drivers as having “excessively high” alcohol levels, with ever increasing potential punishments as the alcohol levels rise.  Learn more about how a high BAC DUI, called “excessively high” alcohol levels, can impact your life.

The first level is for drivers whose alcohol level is .15% or more.

The second level is for drivers whose alcohol was  20% or more.

In such cases, depending on the alcohol level, prosecutors not only file DUI charges but routinely file an “enhancement” alleging the driver with .15% or .20% or more alcohol level at the time of driving. An “enhancement” in non legal terms means a request to the judge to consider more punishment.

Drivers arrested with an “excessively high” alcohol levels BAC often face:

Longer Jail Time: Judges may impose longer incarceration periods due to the gravity of the offense.

Higher Fines: High alcohol level DUI cases could result in steeper fines that can reach thousands of dollars.

Mandatory Alcohol Education Programs: Offenders may be required to attend more intensive and prolonged DUI education programs.

Extended License Restriction or Suspension: A high BAC level could lead to longer periods loss of driving privileges, complicating daily life.

Ignition Interlock Device (IID) Installation: High BAC offenders are often required to install and maintain an IID in their vehicles. This device prevents the car from starting unless the driver’s breath sample is alcohol-free.

Driving under the influence (DUI) in California is a serious offense with significant legal and personal consequences, particularly when a driver’s blood alcohol concentration (BAC) exceeds the legal limit. California law establishes strict thresholds for BAC levels:

• 0.08% for drivers aged 21 and older operating a standard vehicle.
• 0.04% for commercial vehicle drivers.
• 0.01% for drivers under 21 or those on DUI probation.

When a driver’s BAC is significantly higher than these legal limits, the penalties become more severe. High BAC levels—commonly referred to as “excessively high alcohol” DUIs—signal heightened danger and are met with harsher punishments under California law.

Enhanced Penalties for High BAC

Judges are required by law (Vehicle Code Section 23578) to consider greater punishment for high alcohol levels (.15% or more).

So, drivers arrested with a BAC over 0.15% often face:

More Jail Time to Serve: Judges may impose longer incarceration periods due to the gravity of the offense.
More Money to Pay: High alcohol level DUI cases may result in steeper fines that can reach thousands of dollars.
More Time Lost: Offenders may be required to attend more intensive and prolonged DUI education programs.
More Time Without a License : A high BAC level could lead to longer periods without driving privileges, complicating daily life.
More Time With Controls Over One’s Driving: High BAC offenders are often required to install and maintain an IID in their vehicles. This device prevents the car from starting unless the driver’s breath sample is alcohol-free.

The Legal Process

If  a driver is charged with a high BAC DUI, the process can be overwhelming and complex. Upon arrest,  one will face both administrative and criminal proceedings. The Department of Motor Vehicles (DMV) will handle the potential suspension of a person’s driver’s license, while the criminal court will address the crimes associated with DUI charges.

In high BAC cases, prosecutors often argue for increased penalties. An experienced attorney like Mark Blair is crucial in such situations. With over 39 years of experience, Mark has helped thousands of clients navigate the California DUI legal system. His understanding of DUI laws, coupled with his strategic defense tactics, can make a significant difference in mitigating penalties.

Mark Blair | Bay Area DUI Law | Defending Against High BAC Charges

Mark Blair employs various strategies to challenge high BAC allegations, including:

Questioning Breathalyzer Accuracy: Breathalyzer devices are not infallible. Factors such as device calibration errors, improper administration, and physiological conditions can result in inaccurate BAC readings.

Blood Test Analysis: Chain of custody and lab errors may compromise blood test results. 

Failures by police to follow procedures can result in erroneous alcohol levels. Police often race through a DUI investigation and ignore procedural requirements could fatally flaw a chemical test.

Medical Conditions: Certain medical conditions can lead to falsely elevated BAC readings. Blood draws improperly performed can skew the results.

Why Choose the Law Office of Mark Blair | Bay Area DUI Law?

Facing a high BAC DUI charge can be life-altering, but Mark Blair’s expertise ensures your case is handled with diligence and care. He understands the nuances of California DUI laws and works tirelessly to achieve the best possible outcome for his clients.

Mark Blair gets great DUI RESULTS today for a better tomorrow!

If you’ve been charged with a DUI involving a high BAC, don’t face it alone. Contact the Law Office of Mark Blair | Bay Area DUI Law today for a consultation and the expert representation you deserve.

DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.