What is a DUI? Defining driving under the influence (DUI) is when a person is considered to be controlling a motor vehicle while intoxicated by drugs or alcohol. There are a few ways of defining this, and depending on your location it can be called driving while intoxicated (DWI) or operating a motor vehicle while intoxicated (OWI). A person is considered to be under the influence if their blood alcohol content is higher than the legal limit. These tests are usually done on at the scene when a police pulls you over by a breath test or urine and blood testing done later.
According to the California Department of Motor Vehicles, the legal blood alcohol limit is anything higher than 0.08% is considered to be under the influence in the state of California. It is important to note that for minors that are caught driving under the influence there is a “zero tolerance” policy that minors are held to. If their BAC level is anything higher than 0.02% minors are considered to be breaking the law and subject to a DUI penalty. There are additional legal limits regarding the level of punishment a person can face if caught driving under the influence. These are call enhanced penalties for BAC levels.
If a person has a blood alcohol content level between .15-.20% it is considered to have larger consequences with the law. For those hard adult drinkers out there, be aware that while the state of California doesn’t adhere to this punishment, other states do. Note that if you are accused for a DUI there is a chance that your license will be revoked for a set amount of time and this time frame is usually 90 days for first time offenders. If caught for a second time, you are looking at not having a license for a year, and if it is the third offense it is up to 3 years. It is important to be aware of the laws of your individual state, contact the Law Offices of Virginia L. Landry for additional information regarding DUI penalties.