SAN LUIS OBISPO, Calif. — A San Luis Obispo County jury convicted a Santa Maria man of driving under the influence of alcohol despite breath tests showing a blood alcohol concentration below California’s 0.08% threshold, District Attorney Dan Dow announced Thursday.
The verdict illustrates how California law allows prosecutors to obtain a DUI conviction based on evidence of impairment even when a driver’s blood alcohol concentration falls below the statutory limit.
According to a statement from the San Luis Obispo County District Attorney’s Office, California Highway Patrol officers observed a white BMW traveling northbound at approximately 1:08 a.m. June 8, 2024, at what prosecutors described as an unusually slow and unsafe speed.
Radar indicated the vehicle was traveling 42 mph, and officers reported observing the driver weaving within his lane.
After stopping the vehicle, CHP Officer Karlene Villars reported detecting the odor of alcohol coming from inside the car and from the driver’s breath and person. She also observed that the driver had red, watery eyes and slow, slurred speech, according to the district attorney’s office.
Prosecutors reported that a subsequent search of the vehicle uncovered an empty tequila bottle beneath the driver’s seat and multiple beer cans inside the car.
The driver underwent standardized field sobriety tests, during which officers reported observing signs of impairment on each test. Based on his driving and performance during the tests, officers arrested him on suspicion of driving under the influence of alcohol.
A chemical breath test administered approximately 20 minutes after the traffic stop produced blood alcohol concentration readings of 0.079% and 0.077%, both below California’s 0.08% threshold.
Under California Vehicle Code Section 23152, driving under the influence and driving with a blood alcohol concentration of 0.08% or higher constitute separate offenses.
Section 23152(a) prohibits driving while under the influence of alcohol, regardless of whether a driver’s blood alcohol concentration reaches 0.08%. Section 23152(b) separately prohibits driving with a blood alcohol concentration of 0.08% or higher.
The law therefore permits a conviction under subsection (a) when prosecutors establish that alcohol impaired a person’s ability to drive, even if chemical testing shows a blood alcohol concentration below the threshold established in subsection (b).
Before jury selection began, the court granted the prosecution’s motion to dismiss the charge under Section 23152(b) because the driver’s breath test results were below 0.08%, according to the district attorney’s office.
The case proceeded to trial on the remaining charge of driving under the influence under Section 23152(a).
During the nine-day trial, prosecutors called CHP Officers Villars and Dylan Mota, along with San Luis Obispo County Sheriff’s Office forensic toxicologist Lauren Lewis, to testify.
The defense called Ed Barley, whom the court recognized as an expert in field sobriety testing and the Dräger breath-testing instrument.
The district attorney’s office did not provide details about Barley’s testimony or the defense’s arguments challenging the prosecution’s evidence.
Jurors began deliberating Oct. 21 and returned a guilty verdict Oct. 22, convicting the driver of misdemeanor driving under the influence.
The trial was held in San Luis Obispo County Superior Court before Judge Erin M. Childs.
According to the district attorney’s office, a first-offense misdemeanor DUI conviction carries a maximum sentence of six months in county jail and a fine of up to $1,000, plus additional penalty assessments.
Following the verdict, Childs placed the driver on probation and ordered him to serve two days in county jail.
The district attorney’s office reported that Childs also warned the driver that driving under the influence is extremely dangerous to human life and that he could face murder charges if he caused a fatal collision while driving under the influence in the future.
Dow said the conviction demonstrated that drivers can be held criminally responsible for impaired driving even when their blood alcohol concentration does not reach 0.08%.
“Driving under the influence is a crime that puts every person on our roads at risk,” Dow said.
He urged motorists who have consumed alcohol to make alternative transportation arrangements rather than drive.
“Plan ahead, hand over your keys and get a sober ride home,” Dow said.
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