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What is the Legal BAC in San Diego?

The consequences of a DUI in San Diego can be very serious. The easiest way to get a DUI is by driving while your blood alcohol concentration (BAC) is above the legal limit. So, what is the legal BAC limit in California? How much alcohol has to be in your system before you can face criminal DUI charges?

What is BAC?

BAC can stand for “blood alcohol concentration” or “blood alcohol content.”When police measure your BAC, they will take a sample of your breath or blood and analyze it to determine how much alcohol is present in your system. Specifically, BAC is a scientific measurement that reflects the grams of alcohol:

  1. per 100 mL of blood, or
  2. per 210 liters of breath.

The more alcohol you consume, the more concentrated it will be in your blood. As a result, the more you drink, the higher your BAC will be.

BAC Testing in California

How is BAC tested in California? There are two primary tests: breath tests and blood tests.

Chemical Breath Tests

Breath tests are the easiest and most commonly-used method to measure a person’s BAC. These types of tests are popular because they can be used in a variety of roadside settings and are fairly accurate measures of BAC.

How do breathalyzers and breath tests work? Police will ask you to take a very deep breath and breathe into the testing instrument. The deep breath will allow the device to measure your alveolar or deep lung air, which is believed to be the most accurate reflection of the amount of alcohol in your blood. A specific formula is used to convert the amount of alcohol in this breath to the amount of alcohol in your blood.

Breath tests are not always reliable. Police may not be properly trained in administering the test, results may be misinterpreted, or you may not produce enough breath to give a proper result. If you are arrested because of a chemical breath test, your attorney should contest the validity and accuracy of those results.

Chemical Blood Tests

Blood tests are preferable because they are simply a more accurate reflection of the concentration of alcohol in your blood. However, blood tests typically require a more formal setting inside a police station or hospital. This can make it difficult to secure an accurate sampling of your blood at the time of your alleged offense. Blood samples are often mishandled and/or not properly passed on from one person to the next. Again, your attorney should contest the validity of any blood testing results that may be used against you in a DUI case.

California Legal BAC

Drivers in California are prohibited from operating a motor vehicle while under the influence of alcohol. You will automatically be considered to be under the influence if your BAC exceeds the legal limit. The limit that is applicable to you will depend on (1) your age and (2) the type of vehicle you’re driving..

  • Adults: The legal BAC limit in California for adults over the age of 21 is .08 percent.
  • Commercial Drivers: The legal BAC limit in California for adults operating a commercial vehicle is .04 percent.
  • Under 21: The legal BAC limit in California for any individuals under the age of 21 is .01 percent.

If you operate a motor vehicle with a BAC that exceeds the legal limit, you can face charges for Per Se DUI in San Diego.

How Many Drinks Can I Have and Still Drive?

The preferable answer to this question is ZERO. The best rule of thumb is to refrain from drinking anything before you get behind the wheel of a car. Why? Well, there are a couple of different reasons.

First, studies show that consuming any amount of alcohol increases the risk of being in an accident. This can make you vulnerable in both criminal and civil legal matters. Second, you can be arrested for DUI even if your BAC does not exceed the legal limit. Since alcohol affects everyone differently, some drivers may be unfit to drive even if they do not have much alcohol in their system.

In order to keep unsafe drivers off the road, California law gives police officers the ability to use their own discretion when making DUI arrests. If police have reason to believe that you are unfit to drive, you could be arrested, charged, and convicted of driving under the influence. The penalties for any type of DUI can be severe.

Estimating Your BAC

However, it is unlikely that everyone will abstain from drinking before driving. If you do have a drink or two before getting behind the wheel, it is important to know when your BAC may be near or above the legal limit. Again, alcohol affects everyone differently. The following factors will all impact your BAC:

  • Age
  • Gender
  • Weight
  • Drugs consumed (including prescription medication)
  • How much food you’ve eaten and when it was consumed
  • Stress levels
  • Fatigue
  • Altitude
  • Type of alcohol consumed (e.g., beer, wine, liquor), and
  • Amount of alcohol consumed.

Age, weight, and the number of drinks consumed tend to be the most predictable factors that you can be used to estimate your BAC. You can check out an online BAC calculator or download a mobile BAC app to estimate your blood alcohol concentration.

Are you Facing DUI Charge?

Have you been arrested for DUI because your BAC was above the legal limit? You need the help of an experienced San Diego criminal defense attorney. While based in science, chemical testing results are often inaccurate and/or inconclusive. It is important to thoroughly investigate your case and contest the use of any evidence that may be harmful to your future.

Call the Law Office of Vikas Bajaj, APC to learn more about how we can help you avoid the consequences of a DUI in San Diego. We offer an initial consultation, so do not hesitate to call us now.

Law Office of Vikas Bajaj, APC
1230 Columbia Street Suite 565
San Diego, CA 92101

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DUI