Driving under the influence (DUI) laws in California are strict, especially when it comes to blood alcohol concentration (BAC) limits. According to California Vehicle Code § 23152, it is illegal to operate a vehicle with a BAC of 0.08% or higher. If a driver is caught exceeding this limit, they face criminal charges, license suspension, and other severe penalties according to California’s 2025 DUI Law.
Understanding how BAC is measured, how DUI cases are prosecuted, and what legal options are available is critical for anyone facing DUI charges. If you have been arrested for DUI, working with a DUI lawyer near me can help you fight the charges and protect your driving privileges.
This article breaks down the legal implications of driving with a BAC of 0.08% or higher, the penalties involved, and the defense strategies that may help reduce or dismiss charges.

California's Legal BAC Limit

The legal limit for blood alcohol concentration (BAC) in California is:

• 0.08% for regular drivers (as per § 23152)
• 0.04% for commercial drivers
• 0.01% for drivers under 21 (Zero Tolerance Law)

This means that if a chemical test shows a BAC of 0.08% or more, you are presumed to be under the influence of alcohol under § 23610.
Even if a driver feels fine, exceeding this limit can lead to DUI charges, license suspension, and court fines. Consulting a DUI attorney can help you navigate the legal process and explore defense options.

How BAC is Measured in California DUI Cases

When a person is stopped for suspected DUI, law enforcement uses chemical tests to determine BAC. These tests include:

• Breathalyzer test – Measures BAC through a breath sample.
• Blood test – Provides a more precise measurement of BAC.
• Urine test – Rarely used, but may be required if other tests are unavailable.

Under California's "implied consent" law (§ 23612), drivers are legally required to submit to a breath or blood test if lawfully arrested for DUI. Refusing a test can lead to automatic license suspension under § 13353.2.
A lawyer for DUI near me can help contest test results, challenge procedural errors, or argue that the BAC reading was inaccurate.

Penalties for Driving with a BAC of 0.08% or Higher

California imposes both administrative and criminal penalties for DUI offenses.

Administrative Penalties (DMV)
According to § 13353.2, if a driver's BAC is 0.08% or higher, the Department of Motor Vehicles (DMV) will immediately suspend their license. The suspension periods are:

• First offense: 4-month license suspension
• Second offense (within 10 years): 1-year license suspension
• Third offense (within 10 years): 3-year license suspension

Drivers can contest this suspension through a DMV administrative hearing but must request it within 10 days of arrest. A DUI defense lawyer can represent you at the hearing and fight to keep your license.

Criminal Penalties
A DUI conviction for driving with a BAC of 0.08% or higher can result in:

• First offense: Up to 6 months in jail, fines up to $2,000, and DUI school
• Second offense: Up to 1 year in jail, longer license suspension, and mandatory IID installation
• Third offense: Felony DUI charges, prison time, and extended probation

Under § 23153, if a DUI results in bodily injury to another person, the penalties increase significantly, including longer imprisonment and higher fines.
Hiring a DUI attorney can help negotiate reduced charges or alternative sentencing to avoid jail time.

How the Prosecution Proves a DUI Charge

To convict a driver of DUI, the prosecution must prove:

• The driver was operating a vehicle.
• The driver's BAC was 0.08% or higher at the time of driving.
• The chemical test results are accurate and admissible in court.

In many cases, law enforcement officers rely on BAC tests conducted within three hours of driving, as allowed by § 23152. However, test inaccuracies, improper procedures, or medical conditions can impact results.
A DUI lawyer can challenge the prosecution's evidence and fight for case dismissal or reduced penalties.

Common DUI Defenses for a BAC of 0.08% or Higher

A skilled DUI defense lawyer near me may use several defense strategies, including:
Faulty Breathalyzer or Blood Test Results
Breathalyzers must be properly calibrated and maintained.
Blood samples must be handled according to strict procedures.
Errors in testing equipment or lab analysis can lead to inaccurate BAC readings.

Illegal Traffic Stop
The officer must have a valid reason for stopping the driver.
If there is no probable cause, the evidence can be thrown out.

Rising BAC Defense
Alcohol takes time to absorb into the bloodstream.
A driver's BAC could have been below 0.08% while driving but increased by the time of testing.

Medical Conditions Affecting BAC Results
Diabetes, acid reflux, or certain medications can affect BAC readings.
A DUI attorney can provide medical evidence to challenge the results.
These defenses can weaken the prosecution's case and increase the chances of avoiding a conviction.

How a DUI Attorney Can Help

If you have been charged with DUI, hiring a DUI attorney near me is essential. A lawyer can:

• Request a DMV hearing to fight the license suspension.
• Challenge the BAC test results and police procedures.
• Negotiate reduced penalties or alternative sentencing.
• Defend your case in court and protect your rights.

DUI cases are complex, and the consequences can be severe. Do not fight your case alone—consulting with the best DUI lawyer near me can make a significant difference in your outcome.

Final Thoughts
Driving with a BAC of 0.08% or higher is illegal in California and can lead to serious criminal and administrative penalties. However, DUI charges can be challenged, and there are legal defenses available.
If you are facing DUI charges, act quickly to protect your license and your future. Working with an experienced DUI defense lawyer can help you navigate the legal process, fight unfair charges, and seek the best possible outcome.