In California, it is not illegal to drive after drinking. However, it is illegal to drive with alcohol content in the blood that exceeds the legal limit. The California Vehicle Code 23152 VC details everything about DUI. DUI can mean a combination of alcohol and drugs. It could also be alcohol or drugs alone. Some drivers are restricted from driving after drinking alcohol. Some are not restricted as long as their BAC (blood alcohol content) does not exceed the limit prescribed by the law.
Here is a brief look at situations considered drunk driving in California:• When you exceed 0.08 percent of BAC in your system• If you exceed 0.01 percent of BAC in your system when you are under 21 years and you are under probation for DUI• When you exceed 0.04 percent of BAC and you are commercial driver• If you fail the finger/nose test – shows your coordination has been impaired by alcohol• When you have other substances (legal or illegal) in your system that impair your ability to drive
The legal BAC limit in California
The legal limit for BAC in California is 0.08%. This is a pretty low threshold and many people feel they can drive very well when they are at the full limit of 0.08% or even higher. However, once a driver is found driving with a BAC that is 0.08 or higher, he/she will be charged with DUI.
You can also be arrested even with a BAC lower than 0.08 percent. This is based on the precept that people have different levels of alcohol tolerance in their system. Thus, a person could have taken alcohol well below the legal limit and still exhibit signs of drunk driving. However, the prosecutor would have to show that you were indeed drunk at the time of the arrest.
Drunk driving for people under 21 and those on DUI probation
Perhaps you are 21 years old or younger or you are on probation for DUI. You are not allowed to drive at all with any amount of alcohol in your blood. At least, not an amount that can be measured. You could be arrested for driving with BAC of 0.01 percent. Thus, we can say that a BAC of 0.01 percent constitutes drunk driving in California, for a youth below 21 years of age.
In this age bracket, you may also not possess alcohol in the car unless it is a full pack and it is not opened. Even if you have an unopened case of beer, you must be accompanied by a parent or a guardian in the car. If not, then you must be working and you must have a liquor license for taking liquor off the work site.
If a commercial driver is found with a BAC of more than 0.04 percent, then that is considered to be drunk driving. Even if the BAC is lower than that and the arresting officer deems that the driver was behaving in a manner to indicate drunkenness, he can arrest the driver. However, the prosecution would have to prove in court that the driver was indeed drunk at the time of arrest.
If you are arrested for drunk driving in California, call traffic ticket lawyer Los Angeles. Depending on the circumstances, he/she can get you freed or get you a lesser charge. Ticket lawyers know exactly how to minimize your punishment or get you completely out of trouble in case of drunk driving in California.