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Charged With Two Crimes

 

In an effort to expand their anti-drunk driving arsenal; California has enacted separate laws that prohibit both driving with a level over point zero eight (.08) and driving under the influence. This enables the prosecution to still charge you with a crime if your driving abilities were not apparently impaired as is required when charged with driving under the influence. Example: You and your buddies are out for a drive. You are stopped and test out at over the legal limit of point zero eight (.08). Your sober buddies testify that your driving was not impaired. You may still be prosecuted for the mere act of driving with a blood alcohol level of point zero eight (.08). You can still argue that the test was inaccurate, or that the officer was improperly trained in order to counter that charge. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.