Yes. California’s alcohol-impairment offense is separate from its offense based on a blood-alcohol concentration of 0.08% or more. A driver facing a DUI accusation in the South Bay needs to know which provision the prosecution relies on.

Two different questions under section 23152

Vehicle Code section 23152(a) prohibits driving under the influence of alcohol. Section 23152(b) addresses driving with a BAC of 0.08% or more. The statute also separately covers drug impairment and combined alcohol-and-drug impairment. A number below 0.08% therefore does not automatically defeat every possible charge.

Start with the actual evidence

A careful case discussion should identify the result, the type of test, and the allegation it supposedly supports. Useful questions include:

  • What time did driving end, and when was each sample collected?
  • Does the police report accurately describe the driving and the encounter?
  • Are there recordings or witnesses that clarify disputed observations?
  • Did an injury, medical issue, fatigue, or other circumstance affect a reported observation or performance on an exercise?

These questions identify facts to investigate. They do not mean that a medical condition or a lower test result, by itself, establishes a defense. Bring supporting information to counsel rather than trying to diagnose the evidence from a single number.

Lower thresholds apply in other situations

The 0.08% threshold is not a universal rule for every driver. California’s zero-tolerance law applies a 0.01% threshold to drivers under 21. A separate provision addresses drivers on DUI probation at 0.01% or more. Those rules create additional issues that should be identified immediately.

What to bring to a consultation

Bring the citation, court and DMV notices, any test paperwork you received, and a private timeline for your attorney. Identify which details you personally remember and which came from someone else’s account. That distinction helps avoid treating an assumption as a fact.

If you also received a licensing notice, review the DMV hearing deadline. If the report alleges that you refused testing, read about the difference between roadside and post-arrest tests.

Sources: California Vehicle Code § 23152, § 23136, and § 23154.

Discuss your case with Sherrod Defense. For representation in Torrance, Redondo Beach, Manhattan Beach, or the surrounding South Bay, visit our South Bay DUI Defense page or call (310) 279-5113. Learn about Doug Sherrod’s background as a former prosecutor.

General information, not advice about a particular case. Published by Sherrod Defense. Sources checked September 21, 2026.