DUI in CA with blood alcohol level below .08?

Question

I was pulled over for having one license plate, even though the DMV only issued one to me. The officer then gave me field sobriety tests and a breathalyzer. I was arrested and given a chemical test that had .07, processed and released an hour later. What is the likelihood that no charges will be filed? I was told it was very likely they would be.

Answer 1

California law says .08 or higher = impaired, period, even if there is no other evidence of impairment.

That doesn't mean .07 = not impaired. You're not out of the woods, and you very likely will be charged.

Answer 2

hmm

Answer 3

The charges will be dropped guaranteed. The are gonn abe worried about a law suit. There was no reason for them to bring you in for blowing a .07. Good luck.  

Answer 4

Kate and Neil are pretty much on track, though there's more to the story that we don't know and so can't give you much more of an answer.

If there's no evidence of impairment at an .07 BAC, there's no probable cause for arrest.  You didn't discuss what possible indications of impairment there were so it's not possible to tell you what the likelihood of charges being filed will be.

None of that matters, though.  You've clearly stated that you were only issued one license plate by the DMV.  The law requires you to display both plates if both plates were issued to you.  If DMV only issued you one then the officer was mistaken and you're in the clear.

Of course, there are very few vehicles for which the DMV only issues one plate - motorcycles and truck tractors being the two that come to mind right off.  If you want to claim DMV only issued one plate, you're probably going to have to get your ducks in a row.

And a wet reckless is 23103.5 VC, if you want to look it up, not 23103.

You don't get it without being charged with DUI first.

Answer 5

The prosecutor will probably file charges.  While the DA or CA will file for a DUI, in all likelihood, the matter will settle for a wet reckless VC 23103.  This is a lesser offense, but with similar consequences of a DUI: required alcohol class, fine and up to 90 days county jail.