QUESTION
What is the blood alcohol limit for DUI that the CHP can use their discretion and not take you to jail they cite and release you?
Asked on Jan 14th, 2014 on DUI/DWI - California
More details to this question:
What is the blood alcohol limit for DUI that the CHP can use their discretion and not take you to jail they cite and release you right there avoiding jail that night?
3 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Under .08% BAC. Above that it's probable cause.
Answered on Jan 16th, 2014 at 7:58 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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There is a lot more to a DUI than the alcohol content. That is only one part of the statute. The other part of the statute states "... or whose driving is affected to an appreciable degree by the consumption of alcohol and or drugs". Such being the case, you could have a blood alcohol level less than .08 and still be arrested. If you have a commercial drivers license or are a minor, then the blood alcohol level is even less. Your best bet: Don't drink and drive.
Answered on Jan 16th, 2014 at 7:54 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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There is no such specific guidelines. If you fail your FST and determined by a breathalyzer test that you have no significant levels of alcohol you may be released. If you fail FST or chose breathalyzer and reading shows any level that it is unsafe CHP can choose to cite you under either sections of VC 23152. However, technically you are per se DUI if your BAC or breath reading is .08.
Answered on Jan 16th, 2014 at 7:52 PM