What Is The Legal Limit For Driving Under The Influence?
Driving under the influence (DUI) is a serious offense with severe consequences in California. If you’re facing a DUI charge, it’s crucial to understand the legal limits and the intricacies of the law. This blog post aims to shed light on what constitutes driving under the influence in California, the legal blood alcohol concentration (BAC) limits, the penalties involved, and potential defenses.
If you are looking for a DUI lawyer near you, then you can reach out to us at any of our offices. Our experienced criminal defense attorneys can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
What Does “Under the Influence” Mean in California?
In California, being “under the influence” isn’t limited to alcohol consumption. It can also involve drugs, including prescription medications and over-the-counter drugs that impair your ability to drive safely. The state defines impairment as any condition that affects your physical or mental capacity to operate a vehicle with the caution of a sober person using ordinary care.
Alcohol and Drug Impairment
For alcohol, impairment is often measured through Blood Alcohol Concentration (BAC). For drugs, law enforcement officers look for signs of impairment such as erratic driving, slurred speech, or failed sobriety tests. Both types of impairment can lead to a DUI charge.
Different Types of DUI Charges
California law recognizes various types of DUI charges, ranging from alcohol-related to drug-related offenses. Each carries its own set of penalties and legal ramifications. It’s important to note that even a small amount of alcohol or drugs can lead to a DUI charge if it impairs your ability to drive safely.
Why Understanding Impairment Matters
Knowing what constitutes impairment can help you make informed decisions and avoid risky behavior. It also prepares you for what to expect if you find yourself facing a DUI charge.
Legal BAC Limits in California
Understanding the legal BAC limits is crucial for anyone who drives in California. The state has specific thresholds that determine whether you are legally impaired.
What is BAC and How is it Measured?
BAC stands for Blood Alcohol Concentration, and it measures the amount of alcohol in your bloodstream. Law enforcement typically uses breathalyzers, blood tests, or urine tests to determine your BAC level.
California’s Legal BAC Limits
In California, the legal BAC limits are as follows:
- 0.08% or higher for drivers aged 21 and over
- 0.04% or higher for commercial drivers
- 0.01% or higher for drivers under 21
These limits are strictly enforced, and exceeding them can lead to severe penalties.
Factors Affecting BAC
Several factors can influence your BAC, including your weight, age, and metabolism. Even the type of food you’ve eaten can affect how quickly alcohol is absorbed into your bloodstream. Understanding these factors can help you gauge your level of impairment more accurately.
Penalties and Consequences of a DUI
The penalties for a DUI in California are severe and can have long-lasting effects on your life. It’s essential to understand what you’re up against if you’re facing a DUI charge.
Financial Penalties
Financial penalties for a DUI can be substantial. Fines can range from a few hundred to several thousand dollars, depending on the severity of the offense and whether it’s a first-time or repeat offense.
License Suspension
A DUI conviction can lead to the suspension of your driver’s license. The duration of the suspension varies but can last from a few months to several years. In some cases, you may be eligible for a restricted license that allows you to drive to work or school.
Potential Imprisonment
In addition to fines and license suspension, a DUI conviction can result in jail time. First-time offenders may face a few days in jail, while repeat offenders can face longer sentences.
Defenses Against a DUI Charge
Facing a DUI charge can be daunting, but there are potential defenses that can help you fight the charges. Knowing these defenses can make a significant difference in the outcome of your case.
Challenging the Traffic Stop
One common defense is to challenge the legality of the traffic stop. If the officer didn’t have a valid reason to pull you over, any evidence collected during the stop might be inadmissible in court.
Questioning the BAC Test
BAC tests are not infallible. Factors such as improper calibration of the testing equipment or medical conditions can lead to inaccurate results. Your attorney can challenge the validity of the BAC test used in your case.
Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by various factors, including nervousness or medical conditions. Challenging the results of these tests can be a viable defense strategy.
Contact Wallin & Klarich Today
If you are facing DUI charges, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
