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Most drivers believe that if they blow under a .08, they are legally "safe." In California, that is a dangerous misconception. Under Vehicle Code §23152, there are two separate ways to get a DUI. While (b) focuses on your BAC, (a) focuses entirely on "impairment." This means even with a .05 or a .07, you can be arrested based solely on an officer's observations. In this video, I break down the People v. McNeal ruling and why your behavior—not the breathalyzer—is often the most dangerous evidence against you. In this video, we cover: • The (a) vs. (b) Split: Understanding why California has two different DUI charges for the same stop. • The McNeal Standard: Why the California Supreme Court says a breath test is NOT required for a conviction. • Officer Observations: How "slurred speech" and "bloodshot eyes" can override a low BAC in the eyes of a jury. • The Field Test Trap: Why "poor performance" on voluntary tests is used to prove impairment when the science doesn't back it up. ⚖️ Arrested for DUI despite blowing under the limit? Call the Law Offices of David S. Chesley for a free consultation. We specialize in defending "Low BAC" cases and challenging subjective officer testimony. 📞 Call Now: (800) 883-9076 🌐 Visit: https://www.chesleylawyers.com #DUI #CaliforniaLaw #PeoplevMcNeal #LowBAC #KnowYourRights #DavidChesley #CriminalDefense #VehicleCode23152 #DUIFacts About the Law Offices of David Chesley: We are highly experienced Criminal Defense & DUI Attorneys practicing since 2005. We defend clients charged with serious felony crimes (involving Violence, Sex, Theft, Drugs, Firearms, and Major Media Cases), as well as misdemeanor charges, DUI allegations, and Immigration cases. Our law firm includes former Judges, former District Attorneys, and former Police, now defending you in Court, so we know the system inside and out. We appear daily in all Courts throughout California (Southern, Central, and Northern). If you or a loved one is charged with a crime, we invite you to contact us at the Law Offices of David Chesley. We can provide a FREE Consultation by phone or in-office and offer payment plans. We have local offices in Los Angeles, the San Fernando Valley, SGV, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Santa Barbara, Bakersfield, Fresno, San Luis Obispo, Sacramento, Oakland, San Francisco, Stockton, San Jose and throughout California. As Seen On: Our law firm, our cases, and our attorneys have been featured on all major news media outlets, including Fox News, CNN, NBC News, MSNBC, Univision, the LA Times, the NY Times, Time Magazine, People, Wall Street Journal, CBS, ABC, and many more. Connect with Us: Facebook: / chesleylawyers Tiktok: / chesleylaw X: https://x.com/chesleylawyers Instagram: / chesleylawyers Disclaimer: Please note that the information on this channel is for entertainment purposes only and is not legal advice. Watching this channel does not form an attorney-client relationship between us. Every case is different. Also, I'm only licensed in California, so if you're in another state, the information on this channel may not apply. Laws and procedures vary by state, so please don't rely on it. This post may contain affiliate links.