Learn more about DUI law and how you may be charged with driving under the influence.
Like all other states in the United States, California takes the crime of drunk driving very seriously. That is why there are grave penalties for DUI convictions, including the loss of your license, community service, mandatory DUI school, fines and fees and probation. In some cases, you may even be sent to jail if you are convicted of a DUI.
While most people are aware that driving under the influence of alcohol is a crime, they may not understand how a DUI can be charged, or how the prosecution can prove a DUI case. As DUI lawyers in Rancho Cucamonga, CA, we understand the confusion, as there are many different types of DUIs — such as underage DUIs, DUIs for drivers of commercial vehicles, DUIs for operating vehicles other than cars, and even DUIs for driving under the influence of alcohol when you are under the legal limit.
The post explores the basics of California DUI cases so that you can better understand the law, and make better decisions about driving if you have consumed any alcohol.
California’s Legal Limit
In California, it is against the law to drive with a blood alcohol concentration (BAC) of .08 percent or higher. If a chemical test reveals that you have a BAC of .08 percent or higher, then you will be charged with a DUI — even if you are able to drive like a sober person. This is a violation of the law, and will result in a DUI charge. If your BAC is over .08 percent, you may face additional penalties.
It is important to know that this legal limit does not apply to every driver. For example, anyone under the age of 21 is not permitted to drive with any alcohol in his or her system — this is known as California’s zero tolerance law. Drivers who hold commercial licenses and are driving a commercial vehicle at the time of their arrest also have a lower limit of .04 percent BAC. If a person with a commercial driver’s license is driving a non-commercial vehicle, then the standard .08 percent BAC applies.
Impaired Driving
However, California law does not just forbid driving under the influence of alcohol when your BAC is .08 percent or higher. It makes it unlawful to drive under the influence of any amount of alcohol when you are unable to operate the vehicle safely. This means that even if you only had one drink and your BAC was far below the legal limit, you could still be charged with and convicted of a DUI if you cannot drive with the care and caution of a reasonable sober driver.
The key in these cases is that the prosecutor has to be able to prove that your ability to drive was impaired to such an extent that you could not operate the vehicle safely. This could be proven in a number of ways, including testimony from police officers and other witnesses or evidence of traffic violations or an accident.
If you have been charged with a DUI in California, you will need a skilled DUI lawyer. In Rancho Cucamonga and the surrounding areas, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. Our attorneys will aggressively defend you against all DUI charges, including those for driving while under the legal limit. Initial consultations are always free!
