If your ability to drive is impaired by alcohol in California, you can be arrested after a traffic stop. This could even happen if you are under the legal limit, if the police determine that you are still impaired. If they see you drifting in and out of your lane, for instance, they may use that as evidence of clear impairment, even if your BAC is under the legal limit.
That being said, breaking the legal limit allows them to presume impairment and arrest you, so it is important to know what it is. As a general rule, most drivers in California have a legal limit of 0.08%. This is true for everyone who is at least 21 years old.
Underage drivers
That said, those who are under 21 cannot legally buy or consume alcohol to begin with. Therefore, they have a legal limit of just 0.01%. This is the same limit applied to those on DUI probation.
Professional drivers
Finally, those who drive professionally, such as a truck driver with a CDL, have a legal limit of 0.04%. The same is true for those who are driving passengers for hire, such as Uber drivers or Lyft drivers.
This higher standard applies to those who are working commercially for a number of reasons. Rideshare drivers have to consider their passengers’ safety, for example, and truck drivers operate very large vehicles that could be a danger to those around them if they are impaired.
Your legal defense options
Have you found yourself facing drunk driving allegations for breaking one of the aforementioned limits? If so, it is important to know exactly what defense options you have in California.
