The limit for taxi and ride share drivers will now be .04 percent.
As most California drivers are aware, the legal limit to drive is .08 percent blood alcohol content (BAC). In other words, if your BAC is .08 percent or higher, then you are in violation of California’s driving under the influence laws — and can be arrested and sent to jail. However, there are exceptions to this general rule of .08 percent BAC.
First, if you are not able to drive with the care that a reasonable sober person would, you can still be arrested on suspicion of DUI, even if your BAC is under the legal limit of .08 percent. This is known as impaired driving; in these cases, the prosecutor will have to demonstrate that you were impaired to such a level that you could not operate your vehicle safely. Second, if you are under the age of 21, you are subject to the zero tolerance rule, which means that you cannot drive with any alcohol in your system. Third, if you are currently on DUI probation, you are also not permitted to drive with any alcohol on your system. As a San Bernardino DUI defense lawyer can explain, doing so will also violate the terms of your probation and potentially land you in jail. Fourth, if you hold a commercial driver’s license, then the legal limit is .04 percent if you are driving a commercial vehicle (.08 percent if you are driving a non-commercial vehicle).
Starting on July 1, 2018, the state of California is adding a fifth exception to the rule: any driver who accepts passengers for hire — such as taxi drivers and ride share drivers (such as Uber or Lyft drivers) — are subject to a legal limit of .04 percent BAC while they have a passenger in their vehicles. This is meant to protect passengers from the dangers of having an inebriated driver, and applies to any type of passenger for hire vehicle, such as a limousine, party bus, and even horse-drawn carriages. If you are driving a vehicle and someone is paying to ride in it, then you are subject to the lower BAC levels.
In practical terms, this means that anyone who drives for a taxi company or a ride sharing service should be exceptionally careful about having anything to drink before driving passengers. If you are not driving passengers, you are still subject to the regular .08 BAC limit (unless you fall into one of the categories listed above). A violation of the law will result in the same penalties as violations of California’s DUI laws, including potential jail time or probation, mandatory DUI school, community service, a license suspension, fines and fees. An experienced San Bernardino DUI defense lawyer can often help you achieve a more favorable outcome on DUI charges, including possibly having the charge reduced or dismissed (depending on the facts of your case).
If you have been charged with a DUI, as a driver for hire or simply driving your own vehicle, you will need a seasoned attorney who understands the system to represent you. At the Chambers Law Firm, our team includes former law enforcement and a prosecutor. We know how to get results, and we will put our knowledge to work for you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
