Impaired driving may lead to a DUI arrest.
In California and throughout most of the United States, the legal limit for driving is .08 percent blood alcohol content (BAC). Because alcohol affects each person differently and its absorption rate can be affected by a number of factors, there is no set formula for how many drinks a person can have before they are over the legal limit.
What may be surprising to many Californians is that even if you are below the legal limit of .08 percent when you are pulled over, you may still be charged with driving under the influence of alcohol or drugs. Read on to learn more about “buzzed driving” from a DUI lawyer in Rancho Cucamonga, CA.
Intoxicated While Actually Driving
Blood alcohol content is a tricky concept, related to how a body processes alcohol. One of the ways that a prosecutor may get around the legal limit issue is by claiming that even though your BAC was below the legal limit when you were arrested and your blood or breath was tested, it was higher when you were driving.
Of course, this can be a challenging argument for a prosecutor to make, but a jury may buy into it based on the public campaign to eliminate driving under the influence of any alcohol whatsoever. That is why it is so important to have an experienced DUI attorney to represent you. Your lawyer can present scientific evidence to prove that you were not above the legal limit while driving — and possibly even have the charges against you reduced or dismissed.
Lower Legal Limits
While the legal limit for driving in California is .08 percent, there is actually a lower limit for certain people. For anyone under the age of 21 or on DUI probation, the legal limit is zero — which means that anyone who falls into one of these categories can be charged with a DUI for having any alcohol in their system. Known as zero tolerance laws, these rules can result in serious consequences, such as a suspended license, mandatory DUI classes and hundreds of dollars in fines.
In addition, drivers of commercial drivers licenses (CDLs) have a BAC limit of .04 percent while they are driving commercial vehicles. If they operate their commercial vehicle — which could include anything from a bus to a dump truck to a tractor trailer — while their BAC is .04 percent or higher, they could be charged with a DUI — and lose their CDL for a year or longer.
Noticeable Impairment
Finally, if you are noticeably impaired and you are unable to drive with the care and caution of a reasonable sober person, you could be charged with a DUI. As mentioned above, alcohol affects every person differently. A person with a .05 percent BAC could show more signs of impairment than a person with a .09 percent BAC, particularly if the person with the lower BAC is not accustomed to drinking alcohol. You could also be impaired from prescription or illegal drugs, which could combine with a small amount of alcohol to make it nearly impossible for you to drive safely. In these circumstances, the police could charge you with a DUI even if your BAC is below the legal limit.
If you have been arrested for a DUI, you will need the assistance of a skilled DUI lawyer. In Rancho Cucamonga, CA and the surrounding areas, the Chambers Law Firm stands ready to help anyone charged with a DUI — whether their BAC was above or below the legal limit. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
