QUESTION

What is the point of having a legal limit if you can get arrested still for being under it?

Asked on Sep 16th, 2015 on DUI/DWI - California
More details to this question:
I was arrested on 9/9/15. I did have few drinks before I got behind the wheel. When I was getting off the freeway, I hit the curb where the off ramp was and got a flat tire. I pulled over and I had two friends in the car with me. My insurance is not triple A but my friend did have triple A so she called them. They showed up in a matter of minutes to help fix the tire. A few minutes later, a couple of officers showed up. They had asked me what happened and I told them. They asked me about drinks and I said yes and that I had 2. They gave me a few sobriety tests. He ended up arresting me saying that I was at a .086. We got back to the station and he said the I had to voluntarily do another Breathalyzer or a blood test. I went with the Breathalyzer and blew twice. I was at a .07. He said that I am not over the legal limit and that I would be released in 4-8 hours with no bail. Then he booked me and gave me to a police woman who was like oh no you’re going to be here until the morning with a $5,000 bail. My dad had called the jail as well and the told him they were keeping me for 72 hours. Eventually, my dad bailed me out, I never received a physical ticket/citation, a pink or yellow one. All I received was a print out of my booking info where I noticed it said DUI Alcohol/Drugs. I do not understand why it would say drugs. I did not have any type of drugs on me, or in me. They asked me if I took any drugs. I told them no. Why would it say that? What can I do if I was not over the legal limit?
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2 ANSWERS

As you know, you can be under the legal limit and still be charged with VC 23152(a), which does not specify a particular amount. This is possible because everybody reacts differently to alcohol. Some could be "impaired" with just two drinks, at least presumably. Having said that, you do have a great case. You should hire a lawyer and try and beat the case instead of getting duped in court to a guilty plea.
Answered on Sep 24th, 2015 at 5:16 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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They can use that first test. You can fight it. If there were three of you did you admit to driving? Did you tell the cop what time the accident happened? If not they can't tell what time you were driving which makes it impossible for them to tell you bac at the time of driving.
Answered on Sep 24th, 2015 at 10:31 AM

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