Definition of Driving Under the Influence

The following is a definition of Driving Under the Influence of alcohol or drugs:-

A person is considered under the influence of an alcoholic beverage, drug, or combination of alcohol and drugs when his/her physical or mental abilities are impaired to such a degree that he/she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence, under the same or similar circumstances.

The legal limit of blood alcohol content when driving in California

By California DUI laws, it is illegal for any person to operate:

  • A motor vehicle with a BAC of 0.08% or higher.
  • Any vehicle requiring a commercial driver license (with or without a commercial driver license issued to the driver), with a BAC of 0.04% or higher.
  • A motor vehicle with a BAC of 0.01% or higher, if the person is under age 21.
  • A motor vehicle with a BAC of 0.01% or higher at any age if the person is on DUI probation.

Can I be under the limit and still get a DUI?

Yes, you can be under the legal limit for blood alcohol content and still get charged with a DUI if, in the opinion of the arresting officer, your driving ability was impaired by your consumption of alcohol or drugs.  This is an ‘opinion’ crime.  Read more about being under the limit and still getting a DUI.

See also:-

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