Question: I am charged with a DUI in Van Nuys, but my blood alcohol level came back at a .04, or at least that is what the officer told me. Is this possible?

Answer: It is possible. First a couple follow up questions. Are you under 21 years of age, on probation for a prior DUI, or a commercial driver driving a commercial vehicle at the time you were arrested? Did they test you for other intoxicants other than alcohol (ie. marijuana?) Those are likely scenario’s for DUI charges with a .04 BAC case. Regardless, it is possible to have a DUI charge under VC 23152(a) even if your BAC was under .04 and there were none of the other variables that I previously listed, but this is much less likely. I regularly handle DUI cases in Van Nuys Court and would be happy to assist you on this matter.


Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks