He may be offered a lesser charge than DUI, but it will probably not be dismissed completely without taking it to trial or the evidence being suppressed by your attorney before trial.

Great Question

I should ask how old is your son, assuming he is over 21 years old

there are 2 counts they can file, VC 23152A and VC 23152B

the (B) count is in regards to over the limit of BAC. Consult with an attorney to go over your issues the consult is free.

Good afternoon. There are a lot of variable that come into play for your sons case. He may get lucky and the case may not get filed. However, there are actually 2 laws. One is a blood alcohol of .08 or higher and the other is driving under the influence which can be charged regardless of his blood alcohol level. It will also depend if he did any testing in the field where his BAC was higher. I would recommend contacting an attorney to discuss the case.

more info needed

how old is son? what courthouse? Riverside files .07 but most courts do not.

depending on the facts you might get a reckless or less

contact me dale@dalegribowlaw.com and i will try to give you some lawyers names for his case after i learn what court you are dealing with on this matter

The prosecution will likely offer him a reduced charge. However, I would strongly recommend hiring an attorney to evaluate his case. There could be a chance depending on the facts of the case to have the charges dismissed altogether.