If you live in California, then you probably already know that the state has its maximum driving BAC set at 0.08%, but that doesn’t mean much to those who don’t understand what BAC actually means. The basics are simple, BAC stands for Blood Alcohol Concentration and is a means of measuring how much alcohol a person has in their system.
The two ways used to measure BAC are the breath and blood tests. Neither calculate the BAC at the time of driving which is what matters under the law. Of course, any test results can be disputed by your Vista DUI attorneys in court.
Note that this measurement does not take into account how intoxicated someone is. That’s because all people react to alcohol intoxication differently, so it is extremely subjective to ask police officers to evaluate if someone is or is not too drunk to drive based solely on their behavior. Indeed, two people with the same BAC can act entirely different; one may still seem sober while the other falls down drunk.
The BAC measurement provides law enforcement with a strict measurement of how much alcohol a person has in his or her body. While the law says that no one with a BAC of .08% or above can drive safely, you can still get a DUI with a lower Blood Alcohol Content in many cases. If you are a commercial driver, you cannot drive with a BAC above .04% at any time. Minors cannot have any trace of alcohol in their system, so anything above .01% will result in a license suspension.
If the officer believes you were intoxicated, but your BAC was below .08%, you can still be charged with drunk driving, but in many cases, your Vista DUI lawyer will be able to get the charges reduced to wet reckless since there will not be enough evidence to show you were Driving Under the Influence.
You may also be charged with a DUI, even if you have not consumed any alcohol, if the officer believes you were under the influence of another substance. It does not matter if it was an illegal drug or not, if the officer believes a substance affected your driving abilities, you can be charged with Driving Under the Influence. These charges can be particularly complex and require the expertise of top Vista DUI lawyers because there is no BAC equivalent in drug cases, so the case will essentially come down to whether or not you used a substance that could affect your driving and if your driving was, in fact, affected by the substance.
If you have been accused of Driving Under the Influence of any substance, immediately contact skilled DUI lawyers. Vista attorney Peter M. Liss has over 25 years of experience helping people facing similar charges and he can help you too. Call (760) 643-4050 for a free initial consultation.
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