Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

Q:  Can I still be convicted of a DUI in CA if I blew a .06 at the police station?

            -In early April, I was pulled over by a CHP officer at 1:30 AM and I had been drinking earlier in the night around 12:00 AM. I had 1 or 2 beers and felt that I was fine to drive home. When I was pulled over by the officer, I answered his questions regarding how much I drank, the last time I slept and for how long (4 hours the prior night), and what I had eaten throughout the day (a piece of bread from my workplace at the time). Following his questions, I performed a field sobriety test and declined to do a breathalyzer test outside of the jail. I was placed under arrest afterwards and taken to the station where I blew a .06. In May, I received an order of set aside from the DMV in regards to the suspension of my license.

A:  The prosecutors can try and charge you with V.C. 23152 (a) and claim that you could not safely operate a motor vehicles based on you field sobriety tests. With that low of a BAC, you would have a good shot at beating them at trial.

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