There are a number of factors that the police will look for to determine if you are too impaired to safely drive.
Most Californians are aware that the legal limit to drive for adults is .08% blood alcohol content. This means that if you are over the age of 21, not on DUI probation and not driving a commercial vehicle, you can potentially drive a vehicle legally if your blood alcohol content (BAC) is less than .08%. But what many people do not realize is that there is a second type of DUI in California — and that you could be charged with this type of DUI even if your BAC is far less than .08%.
According to an experienced Riverside DUI defense attorney, not only can you be charged with a DUI if your BAC is .08% or higher (as measured by a chemical blood or breath test), you can also be charged with a DUI if you operate a vehicle while “under the influence” of alcohol. Under the law, this means that your physical or mental abilities are impaired to the extent that you can no longer drive as well as a cautious sober person. Even if your BAC was below .08%, you can still be prosecuted for driving under the influence of alcohol.
This crime is subjective, which means that there isn’t a test that the prosecutor can submit into evidence. Instead, as a Riverside DUI defense attorney can explain, the prosecutor relies on other evidence to show that you were impaired. This typically includes testimony from the arresting officer, who may state that you were weaving in and out of lanes, or swearing, or that you were otherwise driving erratically. The officer will also usually testify that you displayed objective signs of intoxication, such as red, watery eyes; slurred speech; an unsteady gait; and the odor of alcohol on your breath.
A skilled Riverside DUI defense attorney can often fight against this charge by arguing that there were other reasons that you had trouble driving, such as being distracted or lost. Your lawyer might also demonstrate that you have a medical condition or other reasons for showing signs of intoxication, such as allergies that made your eyes red and watery.
However, if you know that alcohol impacts your ability to drive, it is always a smart choice to take an Uber or a Lyft, or to get a ride from a friend. It can be hard to predict how much a single drink or a few drinks will affect you on any given night, as a number of factors may influence how your body processes alcohol, such as the strength of the drink, your body type, and your metabolism.
At the Chambers Law Firm, we are adept at handling all types of California DUI cases — including those that do not involve objective evidence of impairment. We will aggressively defend you against all DUI charges, and work to help you achieve the best possible outcome. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Riverside DUI defense attorney.
