There is no denying the fact that the past 70 years has seen a huge change in how police and the public view driving under the influence. Numerous private organizations, government agencies and lawmakers have focused on DUI laws. For instance, in California a blood alcohol concentration, or BAC, of 0.08 percent or higher falls within the DUI statute. Drivers at or above 0.08 BAC are typically arrested for DUI. This shift has helped decrease alcohol-related vehicle accidents across the country. However, it has also caused a rise in the number of DUI arrests.
For the National Traffic Safety Board, or NTSB, has continuously pushed for a lower legal limit. It wants every state to adopt a legal limit of 0.05 percent for drivers who are over 21 years old. It’s an effort that started more than one year ago.
Many states, including California, are hesitant to lower the legal limit. California already lowered the legal limit once. In 1990, the legal limit was lowered from 0.10 percent to the current limit. In fact, South Carolina officials publically disagreed with the NTSB’s attempts to lower the legal limit.
California Drivers Can Be Arrested for BAC Levels Less than 0.08 Percent
Police in the state are already allowed to arrest drivers for DUI even with a BAC level under 0.08 percent. Although the NTSB wants the lower limit to apply in all situations, California only applies this policy in certain situations. For example, if an officer believes a driver is significantly impaired to drive. However, his or her BAC is under 0.08 percent. The officer can arrest the driver for DUI. Here are some other instances:
- People who drive commercial vehicles such as trucks can be arrested if they have a BAC of 0.04 percent or higher.
- A driver 21 years old or younger can be charged with DUI. His or her BAC must be at least 0.01 percent.
Arrests over the Legal Limit
Majority of states are enacting DUI laws for BAC levels at 0.12 to 0.15 percent or higher. This makes lowering the legal BAC limit unnecessary. In some instances, drivers who have a chemical breath or blood test that registers a higher BAC level may face enhanced, harsher penalties. Yet, advocates are still continuing to push for a lower limit to set a message that drinking and driving is not tolerated.
Although the battle over lowering the legal DUI continues, Californians should be aware of a few things. They can be arrested, charged and penalized for a DUI even if their BAC levels are under 0.08 percent. Also, the Law Offices of Jonathan Franklin is available to help anyone facing a DUI charge. We will aggressive defend and protect your rights and your future. Call today for a free consultation. It is the first step in your efforts to successfully resolve your matter.
