Yes, a DUI can still be fought even when the reading came back over 0.08%. That number feels like a done deal, but it's just evidence, and evidence can be attacked, weakened, and sometimes thrown out.
Start with how the number was produced. Breath machines have to be calibrated and maintained on a schedule, and the officer has to watch you for about 15 minutes before the test to rule out burping or regurgitation. Skip those steps and the result becomes unreliable. Blood tests have their own rules for how the sample is drawn, stored, and analyzed, and violations of California's Title 17 regulations open the door to a challenge.
Timing matters too. Alcohol keeps absorbing into your blood after your last drink, so your BAC at the station may have been higher than it was behind the wheel. That's the rising blood alcohol defense, and it can matter a lot when the reading is close to the limit.
And if the stop or arrest was unlawful to begin with, the BAC result can be suppressed no matter what it says. A high number doesn't erase your Fourth Amendment rights. See how Joe challenges these results on the BAC defense page.
This is general information, not legal advice, and outcomes depend on the facts. For a free review of your test records, call (858) 622-7280 or visit /contact.