Garden Grove, CA asked in DUI / DWI for California

Q: : I am CDL holder , got pull over in passenger car for DUI , if my BAC is under 0.08 , what will happen to me license .

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2 Lawyer Answers
Daniel R. Perlman
Daniel R. Perlman
Answered
  • DUI & DWI Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If you BAC is under .08, the DMV will not take action against your license which means you will not suffer a hard suspension (on a first DUI). You are also unlikely to suffer any kind of soft suspension either.

Joseph Bronson Barnes Esq
Joseph Bronson Barnes Esq
Answered
  • DUI & DWI Lawyer
  • Milford, CT

A: You should not be charged as you are not guilty under most circumstances. A driver under age 18 may be prosecuted (Zero Tolerance) or under certain circumstances a level under .08 is proscribed but that does not appear to be the case with you. 0.08% alcohol by weight in your blood stream is the most common standard. Under that the state does not have a prima facie case against you. That hasn't stopped all prosecutions though. I know one who prosecuted anyway under "common law" standards, he had shown himself to be unstable during the "California," physical performance, tests.

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