January 6, 2010 By Matthew Wallin

Commercial Drivers Can Be Cited for Driving Under the Influence When the Blood Alcohol Content is .04 Percent or More

California law states that the “legal limit” for most drivers to be considered under the influence of alcohol is .08 (California Vehicle Code Section 23152(b)). What most people do not know is that commercial drivers, those who drive commercial trucks and delivery trucks, can only have a blood alcohol content up to, but not including, .04 percent (California Vehicle Code Section 23152(d)). The slight difference is very significant.

Most people are able to consume one drink (1.25 oz. of 80 proof liquor, 12 oz. beer, or 5 oz. of wine) per hour and still remain under the .08 percent limit. However, commercial drivers need to be especially aware of the number of drinks they have consumed because their limit is half that of the other drivers. Generally you can subtract .01 percent from your total estimated blood alcohol content for each hour of drinking. In other words, if you have had one drink over the course of an hour, you are likely at or quickly approaching the legal limit for regular non commercial drivers.

If you or a loved one has been charged with a DUI, it is important that you hire an experienced California DUI criminal defense attorney at Wallin & Klarich. Our attorneys have over 30 years of experience handling commercial and regular DUIs. We have the skills and expertise to provide you with the best possible defense. The attorneys at Wallin & Klarich can be contacted by phone at (877) 466-5245.

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