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New CA DUI Law Affects Uber & Lyft Drivers

“You can drive with Uber anytime, day or night, 365 days a year. When you drive is always up to you, so it never interferes with the important things in your life,” says Uber’s website. If drinking is one of the things you like to enjoy however, you’re going to have to change the way you operate if you decide to drive for Uber or Lyft.

Under a new law, which went into effect on July 1, 2018, Uber, Lyft, and cab drivers are being treated like commercial drivers when it comes to drinking and driving. Under Section 23152(e) of the California Vehicle Code it reads, “...it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense.”

So, if you happen to drive for Uber or Lyft, or if you drive a cab, it is officially illegal for you to drink alcohol and drive a passenger for hire with a blood alcohol concentration (BAC) of 0.04 percent.


There are a number of factors that determine how alcohol is metabolized by the body; therefore, alcohol affects each person differently. Factors such as weight, gender, food, body fat percentage, mood, illness, rate of consumption, number of drinks, strength of the drink, and medications can affect how fast BAC rises.

  • For a 160-pound man, it takes less than two drinks to reach 0.04 percent BAC.
  • For a 200-pound man, it would take about two drinks to reach 0.04 percent BAC.
  • For a 120-pound woman, it would take one drink to reach 0.04 percent BAC.
  • For a 160-pound woman, it would take about one and a half drinks to reach 0.04 percent BAC.

To learn more about BAC, check out this BAC chart for estimation. If you’re facing DUI charges in Orange County, contact the Law Offices of Virginia L. Landry, Inc. today!