Video – Attorney Darryl Stallworth Explains How You May Be Charged With A DUI Even Without A .08 Test Result

Ray Hrdlicka – Host – Attorneys.Media

You said something earlier in this answer.  One hard drink can pull a 0.08?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

Not necessarily .08, but it depends on who you are.  If you’re 5’2″ and 120 pounds… and you’re having a gin and tonic.  No, you know, something close to that. 

You can have a wet reckless.  And even with not going to point 08, if you are driving impaired and you’ve got alcohol in your system, that’s still against the law.  That’s what we call the “A” count.  23152A… 23152B… “B” says point 08 or more.  “A” says, impaired.  You can still be arrested and charged with DUI, for just being impaired.

Ray Hrdlicka – Host – Attorneys.Media

Is that often charged along with… Well, let’s say, obviously they don’t pull a 0.08 when they’re stopped.  And now the only question is whether or not they have driven reckless.  Do you find law enforcement always charging them with that… “A” count?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

Only if you’ve driven recklessly.  If the impairment is evident.  If you’re just out of your lane and back in your lane, and you blow a .06, you’re not going to get charged.  If you ran through a red light at 90 miles an hour,  and you have some alcohol in the system, then you’re likely going to get impaired and reckless driving.