Plea Bargaining (Part-2): When is a DUI a Felony? »

June 9, 2009

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BAC at or above .08%

(b) It is considered as a crime to drive a vehicle with.08% blood alcohol content (BAC) and at the same time any act forbidden by law is also done by him, or if he neglect any duty imposed on him by law in driving the vehicle which was the main cause due to which a person other than him is badly injured, then the DUI is considered a felony. However, the traffic collision must have happened due to his mistake.

In case if the driver is under the influence of alcohol or drugs or both, but it was not his fault for which the traffic collision takes place, then the driver shall be charged with violation of VC 23152 (b), which is a misdemeanor.

It has been determined by the courts that if the driver undergoes a chemical test which reflects a BAC of .08% or greater within 3 hours of driving, then it will be believed on the basis of that test that the driver had a BAC of .08% or greater at the time of driving. Click here to read more »

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