The DUI law in California states that a Driving Under the Influence (DUI) charge can be leveled against you if you have a blood alcohol level at or above .08. There is a “pro se” presumption that you are driving drunk with that blood alcohol level — whether or not there are other mitigating factors.

That’s both good and bad news for a person who is pulled over by the police or highway patrol on a DUI charge.

The bad news is that there’s no wiggle room. It doesn’t matter if you can drive safely with that amount of alcohol in your body. Ifyour bac is .08, you’re driving drunk.

However, this does not mean that there are no defenses in a DUI case. DUI attorneys in California have successfully defended many people in drunk driving cases.

For instance, because the state relies on this “pro se” claim, there may not have been any additional evidence against you. Successfully attacking the breathalyzer test, thus, results in a dismissal of charges.

So, the good news is that the breathalyzer itself can be challenged.

In fact, there are more problems with the breathalyzer than state officials would like to admit. That’s why you need to get a good DUI lawyer in California.

Last year, 200,000 people were arrested for DUI in California. 90 percent were charged with a misdemeanor and the other 10 percent were charged with a felony which is more serious. There were a significant number of cases that resulted in “not guilty” verdicts with the assistance of DUI lawyers.