Less Than .08% BAC & Still Prosecuted for a California DUI?!
If the legal limit for a California DUI is .08, can I still get prosecuted for a California DUI - driving under the influence of alcohol - .07?
A California drunk driving charge depends on the facts & circumstances.
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The issue of blood draws at hospital without consent is up settled. Generally, the cops have the right to take the blood, even by force, because if they wait for a warrant the evidence will be gone.
If your test resulted in .07 you can definitely fight the .08 0r above. If you were at a hospital, there was probably an accident. If it was your fault it may be harder to fight the DUI case. You may be able to plead to a reckless or Exhibition of speed.
Edward J. Blum
Keeping in mind that the issues are different at the DMV hearing, it was likely set aside because of the .07 or because the test must be done AFTER an arrest. That does not apply in the criminal case. The blood result will still come in (barring any other issues that could keep it out). There may be many issues to attack the result, but that would be at a trial (or motion). The DA could still file and proceed on the DUI if they choose.