Yes. You can be charged with a DUI in California even if your blood alcohol concentration was under 0.08 percent. The 0.08 number only controls one type of charge. There's another that doesn't depend on any number at all.
Vehicle Code 23152(b) is the "per se" charge, and that's the one tied to 0.08. But Vehicle Code 23152(a) is separate. It says you can be convicted if alcohol or drugs impaired your ability to drive like a sober person, regardless of your exact BAC. So a driver at 0.06 who failed field sobriety tests, drifted across lanes, or smelled of alcohol can still be arrested and charged.
This comes up a lot with drivers who are a little over the line on drinks but under 0.08 on the machine. It also comes up with drugs and medications, where there's no bright-line number to begin with.
The good news is that these lower-BAC cases are often the most defensible. Without a solid number over the limit, the prosecutor leans heavily on the officer's observations, and those are subjective. Field sobriety tests are unreliable. Fatigue, nerves, medical issues, and bad conditions all mimic impairment.
Under 21? The rules are even tighter, with a 0.01 zero-tolerance limit covered on our underage DUI page. For how the number gets attacked, see our BAC defense page.
Arrested with a low reading? Call (858) 622-7280 or visit our contact page.
This is general information, not legal advice, and every case is different.