A large number of people often find themselves in a heap of trouble after being arrested while driving with a blood alcohol concentration (BAC) that is deemed to be above the legal alcohol limit in California. The common excuse is that they had no idea that their BAC was so high.
While this may be a plausible explanation for why someone would get behind the wheel of a car without considering how many drinks they had, the law in California does not take kindly to such offenders.
The consequences of being arrested on DUI charges, and possibly convicted, can be quite serious. Punishment often depends on the nature of the case, the offender's criminal record, and the weight of evidence against them.
However, anyone convicted of driving under the influence of alcohol in California DUI cases can also face a license suspension, DUI probation, fines, or even jail time.
As such it helps to know the legal limits for alcoholic beverages in case a law enforcement officer suspects drunk driving and orders DUI breath tests. This article will explore the blood alcohol content limit according to California Law. Goss Law can also answer questions like What is the legal tint limit in California?
Understanding Blood Alcohol Concentration (BAC) Limits
What is the legal limit for alcohol in California? Well, the first thing drivers in this state need to understand is that the DUI laws in California apply to drugs as well, not just the blood alcohol level.
It is illegal to drive while under the influence of alcohol or any drug that affects your ability to drive safely.
However, drivers who drink alcohol before getting behind the wheel of a car are not allowed to have a blood alcohol concentration (BAC) test result of more than 0.08%. This applies to both breath and blood tests.
BAC test results represent the percentage of alcohol in a person's bloodstream. It is a measurement of the grams of alcohol in every 100 milliliters of blood.
If the amount of alcohol in the bloodstream is found to be over the legal alcohol limit in California, the driver is deemed not able to drive safely and, therefore, a danger to themselves and others on the road.
The legal limit in California DUI cases is much lower for drivers under 21 years of age, on DUI probation, or commercial drivers.
As such, these are important things to consider if drivers intend to consume alcohol before driving. The following BAC limits apply to different types of drivers:
Adults driving non-commercial vehicles - BAC limit of 0.8%
Drivers under 21 years old - BAC limit of 0.5%
Commercial drivers and drivers of taxis, limos, and Uber - BAC limit of 0.4%
Another thing that most people do not know is that in California, a person can be found guilty of driving under the influence of drugs or alcohol even if they are under the legal limit.
This happens when the law enforcement officer suspects that there may be a case of drunk driving that makes it impossible for the driver to drive as cautiously as they would have if they were sober.
A BAC level test is considered to be a scientifically accurate chemical test and a good way to judge a person's driving ability regardless of how many drinks they have consumed. As such, it is legally admissible as evidence in court when facing California DUI charges.
There are two main ways of conducting a BAC level test. Drivers under suspicion of driving under the influence of alcohol can be asked to submit to breath tests on the spot or blood tests after being arrested. The use of urine tests to determine BAC levels will be discussed later on.
DUI Breath Test
Breath tests are the most common way of testing BAC levels in drivers suspected to be under the influence of alcoholic beverages. The test is quick and non-invasive, making it a good option for all parties involved.
In California, breath tests are divided into either preliminary alcohol screening tests or post-arrest DUI breath testing.
A breath test is designed to measure the amount of alcohol that is present in the deepest parts of the driver's lungs. This gives a good indication of just how much alcohol is in the bloodstream.
Using a partition ratio, the breathalyzer machine used in a breath test will mathematically convert the amount of alcohol in the lungs to a blood alcohol percentage.
In California, the partition ratio is 2,100 to 1. This means the amount of alcohol present in every 2,100 milliliters of deep lung breath is equivalent to the amount in 1 milliliter of blood. Various factors can affect this partition ratio and some of them are discussed later on in this article.
Preliminary Alcohol Screening (PAS) Test
Before being arrested, a person suspected of drunk driving can be given a preliminary alcohol screening (PAS) test.
This can be conducted at a DUI sobriety checkpoint or a routine traffic stop. Drivers not under the age of 21 years or with a DUI probation may lawfully decline to take a PAS test.
Post Arrest Breath Test
After being arrested, there is a need to conduct another chemical test to confirm the initial PAS test results. Drivers are usually given the choice to either take a breath or blood test, of which the former is the less invasive option.
If the arrested driver decides to refuse to take the post-arrest breath test, they will be slapped with an automatic license suspension for at least one year.
However, if the driver agrees to the post-arrest breath test, it will be conducted on a desktop machine at the police station.
To avoid suffering a driver's license suspension, it is important to understand that a post-arrest breath test is not optional.
DUI Blood Test
The most accurate way of determining the BAC level is to take a blood test. In this case, a person's blood will be taken by a licensed state official and sent to a lab for screening. This can be a very long process that can take weeks before the results are returned.
Part of the blood sample used in this test can be saved which means a defense attorney can get it independently tested in case of a DUI arrest and trial. If the results of the two tests are different, the DUI charges can be challenged in court.
Can BAC Be Measured by a Urine Test?
It is not normal procedure to use a urine test to determine the BAC level in a suspected drunk driving arrest. This is because this type of chemical test is a lot less accurate than either a breath or blood test.
As such, only in cases where neither of these two options is available will the law enforcement officer request a urine test.
It is also possible to be allowed to take a urine test in cases where the driver has a medical condition that prevents a blood or breath test, or they are too inebriated to complete a breath test.
Factors Affecting BAC Test Results
The following are some of the most common factors that can affect the results of a BAC test:
Food Intake
Eating while drinking alcohol can slow down the rate at which the blood alcohol concentration rises. As such, drinking a lot of alcohol on an empty stomach can lead to higher BAC levels that rise at a much faster rate.
Type and Strength of Alcoholic Beverages
Some types of alcoholic beverages are very strong and can result in a higher BAC level than what most people would assume after drinking a few glasses of alcohol. This includes vodka, whiskey, or other similar spirits.
Rate of Consuming Alcohol
Spacing out drinks gives the body a chance to metabolize the alcohol consumed in a single sitting. As such, drinking large amounts of alcoholic beverages at a very fast rate will cause a sharp increase in BAC levels.
Gender
Generally, due to a higher body fat percentage and lower water content, women tend to metabolize alcohol at a much slower pace than men of similar body weight.
This means they are likely to reach higher BAC levels at a much faster rate even after consuming the same amount of alcohol.
Metabolism and Body Weight
Each individual has their own unique weight and metabolic rate which affects the way their bodies break down alcohol. Heavier people or those with a very fast metabolism can handle alcohol better than other people.
Breath or Blood Test - Which Is Better?
While a blood test is the more accurate way of testing BAC levels and provides samples for future tests, it is a very long process that is also invasive.
Breath tests on the other hand are quick but provide no options for the defense attorney to later challenge the results.
As such, each test has its advantages and disadvantages. In some cases, the arrested driver has very little say in the matter. They will simply have to take whatever test is available or risk having their driver's license suspended.
DUI Arrests After Exceeding the Legal Limit
After taking the preliminary alcohol screening test, drivers may be arrested for drunk driving. At the police station, they may be asked to take another test, which they cannot refuse. For more information, DUI lawyers in Sacramento CA may be able to help.
It is important to understand the following consequences of a DUI arrest in California:
Suspension of driver's license and driving privileges
The driver may be issued a temporary driver's license for 30 days
A DMV hearing may be requested 10 days after the arrest
How Is BAC Used During a California DUI Prosecution?
The BAC test is one of the most powerful pieces of evidence that the prosecutor will use as proof that the driver was driving under the influence of alcohol. Both the PAS and post-arrest tests may be filed as evidence that California's legal limit laws were breached.
Testimonies from the arresting police officer and other witnesses to the incident may also be used to support the BAC test findings.
However, the BAC test is the most important thing in a DUI case and is what the defense attorney must seek to refute.
What Happens After a DUI Conviction?
The consequences of DUI convictions can be quite serious. They vary from one DUI case to another but usually include some of the following:
Legal and financial costs of dealing with the case and the resulting conviction
Suspension of the driver's license
Insurance consequences such as cancellation of existing policies and having to pay higher premiums in the future
Other DUI penalties such as fines, probation, mandatory alcohol education programs, and jail time
A Good Attorney Can Help
Facing DUI charges in California is a very serious situation that can have a lasting impact on a person's life. That is why it is important to call an experienced attorney soon after being arrested.
Goss Law has made a name for itself as one of the top-rated law firms in Sacramento, CA. With a panel of highly skilled and motivated attorneys on the case, the chances of winning a California DUI case are good.
Suspected DUI offenders should call Goss Law and ask to speak to a defense attorney as soon as possible.
Комментарии