The legal limit for driving in California and most of the United States is a blood alcohol level of .08% (BAC). There is no defined formula for how many drinks a person may consume before they are over the legal limit since alcohol affects each individual differently and its absorption rate is altered by a variety of factors.
Many people are surprised to learn that even if your blood alcohol level is below the legal limit when they get pulled over, they can still face prosecution for driving under the influence of drugs or alcohol. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation from a DUI attorney.
While Driving While Inebriated
The term “blood alcohol content” refers to how a person’s body processes alcohol. The prosecution may try to get around the legal limit issue by arguing that your BAC may well have been below the legal limit when you were detained and your blood or breath was tested, but it was higher while driving.
Of course, a prosecution may find it difficult to establish this case, but a jury may believe it based on the public effort to abolish driving while intoxicated in any way. That is why it is critical to have an experienced DUI lawyer on your side. Your lawyer can provide scientific evidence to show that you were not above the legal limit while driving, perhaps reducing or dismissing the accusations against you.
Lowering Legal Boundaries
Yes, the legal limit for driving in California is .08 percent. However, certain persons are allowed to drive with a lower level. The legal limit is zero for anybody under the age of 21 or on DUI probation, which implies that anyone in either of these groups can be charged with a DUI if they have any alcohol in their system. Zero tolerance regulations, often known as no-fault laws, can result in significant repercussions such as a suspended license, obligatory DUI classes, and fines in the hundreds of dollars.
Furthermore, while driving business vehicles, drivers with commercial driver’s licenses (CDLs) have a BAC limit of .04 percent. They may be punished with a DUI and lose their CDL for a year or longer if they operate a commercial vehicle. Note that a commercial vehicle can be anything from a bus to a dump truck to a tractor trailer — if their BAC is .04 percent or higher.
Impairment that is Noticeable
Finally, you may be charged with a DUI if you are visibly inebriated and unable to drive with the care and caution of a sober person. As previously said, alcohol has varied effects on different people. A person with a .05 percent blood alcohol concentration (BAC) may display greater indications of impairment than someone with a .09 percent BAC, especially if the person with the lower BAC is not used to consuming alcohol.
You might also be impaired by prescription or illicit medications, which when combined with a tiny amount of alcohol can make safe driving almost impossible. Even though your BAC is below the legal limit, the police may charge you with a DUI in these instances.
If you’ve been charged with a DUI, you’ll need the help of an experienced DUI attorney. The Chambers Law Firm is ready to assist anybody regardless of whether their blood alcohol level was above or below the legal limit. To book a free first consultation, call 714-760-4088.
