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High BAC DUI (0.15% or Higher)

High BAC DUI (0.15% or Higher) in California

California high BAC DUI defense consultation

If your Blood Alcohol Concentration (BAC) is 0.15% or higher, your DUI is considered an aggravated offense under California law. This means harsher penalties - even for first-time offenders. At Walia Law Firm, we specialize in defending high BAC DUI charges throughout the San Francisco Bay Area, coordinating your DMV hearing, sentencing exposure, and rapid response plan.

What Is a High BAC DUI?

California imposes enhanced penalties when your BAC is 0.15% or above and additional penalties at 0.20% or higher. These aggravating factors can increase jail time, DUI school length, and license suspension. Drivers with prior DUIs or injuries should also review the multiple-offense DUI and DUI with injury resources for escalation scenarios.

Penalties for High BAC DUI

BAC LevelAdditional Penalties
0.15%–0.19%Extended DUI school (6–9 months), higher fines, mandatory IID
0.20%+10-month DUI program, longer probation, potential jail time even on first offense
A "high BAC" enhancement can also impact plea negotiations and sentencing outcomes-compare baseline exposure on our California DUI penalties page.

Understanding BAC Enhancement Penalties

High BAC enhancements affect multiple aspects of your case, even for first-time offenders:

  • Extended DUI education programs (up to 10 months instead of 3)
  • Mandatory Ignition Interlock Device installation—see compliance tips in our IID resource
  • Increased fines and court costs
  • Longer probation periods
  • Potential jail time even for first offenses
  • Reduced plea bargaining options

Common Defenses for High BAC Cases

High BAC readings don't guarantee conviction. We challenge these cases using:

  • Breathalyzer calibration errors
  • Rising BAC defense
  • Medical conditions (GERD, diabetes, ketosis) affecting readings
  • Improper testing or chain of custody
  • Constitutional violations during stop or arrest

The Science Behind BAC Testing

High BAC cases often rely heavily on chemical testing, but these tests are not infallible. Factors that can affect BAC accuracy include:

  • Machine calibration and maintenance issues
  • Operator training and certification
  • Environmental factors during testing
  • Individual medical conditions and physiology
  • Time delay between driving and testing

DMV and License Implications

A high BAC typically triggers an automatic license suspension through the DMV. You must request a hearing within 10 days to challenge it. We handle both DMV and court proceedings to help you retain your driving privileges, aligning with our DMV hearing representation and license reinstatement plans.

Immediate Steps After a High BAC DUI Arrest

  1. Contact an experienced DUI defense attorney immediately.
  2. Request the DMV hearing within 10 days to contest license suspension—follow the checklist in our DMV deadlines section.
  3. Preserve all documentation related to your arrest and testing.
  4. Do not discuss your case with anyone besides your attorney.
  5. Avoid alcohol completely while your case is pending.
  6. Schedule a free DUI case evaluation so we can start building a mitigation plan.

Why Choose Walia Law Firm

With over two decades of DUI defense experience, Attorney Ginny Walia has successfully reduced or dismissed countless high BAC DUI charges across Bay Area courts. We combine scientific challenges, DMV advocacy, and strategic plea negotiations to protect your driving record and career.

We focus on:

  • Disputing chemical evidence
  • Negotiating reduced penalties
  • Preventing license suspension
  • Protecting your criminal record

Areas We Serve

Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.

Facing high BAC DUI charges?

Don't let enhanced penalties define your future. Our experienced team provides expert defense for high BAC DUI cases across the Bay Area.

Request a Free Consultation

High BAC DUI FAQs

A BAC of 0.15% or higher qualifies as "high BAC," leading to sentence enhancements. Review the thresholds in the what counts as high BAC section.

Yes. Many high BAC cases are resolved with probation, classes, or work programs when you pursue prompt legal help and the mitigation steps outlined under high BAC penalties.

Yes, most high BAC offenders must install an Ignition Interlock Device (IID). See how IID rules work in our IID guide.

By examining testing errors, calibration issues, or improper police procedure like those outlined in the defense strategies section and during a DMV hearing.

Not automatically. It remains a misdemeanor unless it involves injury or prior offenses. See multiple-offense DUI and DUI with injury for when charges escalate.

A DUI remains a prior offense for 10 years, affecting future penalties and plea options. Consult our California DUI penalties overview for the long-term impact.

High BAC DUI defense lawyer consultation