The state of California increases the penalties for a DUI by a substantial amount if you are found with an excessively high blood alcohol content (BAC). Excessive BAC DUI charges carry mandatory license suspensions even before your criminal case is resolved, as well as much higher criminal penalties. If you’ve been charged with a DUI with an excessively high blood alcohol content, you can expect a much more difficult time combatting your DUI charge.

San Diego Attorney for Excessive BAC DUI

If you have been charged with DUI and law enforcement have alleged that you have an excessively high BAC, you need to contact an experienced defense attorney immediately.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of DUI, and is ready to build your excessive BAC case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo, including San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Excessive BAC in California

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Excessive BAC under California Law

Excessive blood alcohol concentration (BAC) in California refers to levels significantly above the legal limit set by California Vehicle Code Section 23152(b). For most drivers, the legal BAC limit is 0.08%, but an excessive BAC is defined as 0.15% or higher.

BAC measures the amount of alcohol in a person’s bloodstream, expressed as a percentage. It is calculated using grams of alcohol per 100 milliliters of blood or 210 liters of breath. Excessive BAC is considered a severe aggravating factor in DUI cases because it indicates significantly impaired driving ability and increased public safety risks.

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Excessive BAC DUI Arrests

An arrest for excessive BAC DUI begins when law enforcement suspects impairment during a traffic stop. Officers may perform field sobriety tests and request a breath or blood test to measure BAC. If the test results show a BAC of 0.15% or higher, the arresting officer will issue a Notice of Suspension under California’s Administrative Per Se (APS) law. This notice serves as a temporary license and informs the driver of their right to request a DMV hearing within 10 days.

Under Vehicle Code Section 23612, California’s implied consent law, drivers must comply with chemical testing when lawfully arrested, but do not have to agree to regular impairment tests. Refusal to take the chemical test results in automatic license suspension, even before criminal proceedings.

If you blow a BAC of .15 or higher, you will not be able to drive home. Depending on how the stop goes, you may be arrested. If you are arrested, your vehicle will be towed and impounded; in some cases, you may be able to contact a family member or friend to drive your vehicle home.

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Penalties for Excessive BAC DUI in California

For a first-time excessive BAC DUI offense, penalties include fines ranging from $390 to $1,000, along with additional court fees that can significantly increase the total financial burden, and the possibility of an arrest.

Convicted offenders may face up to six months in jail under Vehicle Code Section 23536 and are required to complete a licensed DUI education program, with durations varying based on BAC levels (three months for BAC below 0.20% and nine months for BAC of 0.20% or higher, per Vehicle Code Section 23538). Furthermore, a six-month license suspension will be imposed per Vehicle Code Section 13352(a)(1).

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Chemical Tests in Excessive BAC DUI Cases

Chemical tests play a critical role in excessive BAC DUI cases, as they provide the only evidence of a driver’s alcohol concentration at the time of arrest. Breath and blood tests are the most common methods used, as authorized under Vehicle Code Section 23152(b).

To ensure accuracy, these tests must comply with California Department of Public Health Title 17 regulations, which govern the calibration, maintenance, and operation of testing equipment. For instance, breathalyzer devices must be regularly checked for accuracy, and blood samples must follow strict chain-of-custody protocols to prevent contamination.

Under California’s implied consent law (Vehicle Code Section 23612), drivers are required to submit to chemical testing when lawfully arrested for DUI. Refusing to submit to a chemical test does result in automatic license suspension and increased penalties if you are arrested.

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Can You Even Fight an Excessive BAC DUI Charge?

Yes, it is absolutely possible (and recommended) to fight an excessive charge. The defenses used in fighting an excessive DUI charge are the same as a general DUI charge. This means that your attorney will challenge the stop, the DUI testing device, arrest procedure, and find reasons why your BAC was higher than it should have been.

Alcohol absorption takes time, meaning your BAC might have been below the legal limit while driving but rose above 0.15% by the time the chemical test was administered. This is known as “rising BAC”; a key defense in excessive BAC DUI cases.

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Restricted Licenses

Obtaining a restricted license is possible for some drivers convicted of excessive BAC DUI, meaning that you may be able to continue to drive to work, school, and court-ordered programs. Eligibility and requirements include:

  • DUI Program Enrollment: Proof of enrollment in a state-approved DUI education program under Vehicle Code Section 23538 is mandatory.
  • Ignition Interlock Device (IID) Installation: Drivers must install an IID on their vehicle, ensuring they cannot drive while under the influence.
  • Proof of Insurance (SR-22): Filing an SR-22 form demonstrates financial responsibility and compliance with state requirements.

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Additional Resources

Administrative Per Se Immediate Driver’s License Suspension or Revocation – This page by the California DMV explains the Administrative Per Se (APS) program, detailing the immediate consequences for drivers under 21 with a BAC of 0.01% or more. It provides an overview of license suspension procedures, hearing rights, and steps to reinstate a license, including financial responsibility requirements.

San Diego Alcohol Beverage Control Report – This report outlines alcohol licensing requirements and regulations in high-crime or over-concentrated areas of San Diego. It includes data by census tract for various license types, helping prospective applicants determine if additional steps are required to secure a Public Convenience or Necessity determination.

San Diego County Sheriff’s Office News Releases – This section provides the latest updates from the San Diego County Sheriff’s Office, including crime reports, DUI enforcement activities, community safety events, and other news. It helps residents stay informed about law enforcement initiatives and public safety issues in the county.

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Hire an Attorney for Excessive BAC DUI in San Diego County, CA

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of DUI, and is ready to build your DUI case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo, including San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

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