An inaccurate question. There are two offenses in California. 1) It is illegal to drive at .08% or more whether or not you are under the influence. 2) It is illegal to drive under the influence. While it is presumed that you are under the influence at .08%, that presumption can be rebutted (Veh. C 23152(a) and (b)). You are presumed NOT to be under the influence at .05% or lower (unless you are under 21), but that also can be rebutted.
Legal limit is .08 in the U.S. and I know that in the state of Florida you can actually get a DUI at .05 if you show signs of intoxication like slurred speech, stumbling, alocohol on breath, so on.
Of course a .05 BAC would be very fightable in court but they can actually still give you a DUI at a BAC of .05 if they have evidence to back it up like a failed field sobriety test. I’m guessing CA is very similar to FL.
An inaccurate question. There are two offenses in California. 1) It is illegal to drive at .08% or more whether or not you are under the influence. 2) It is illegal to drive under the influence. While it is presumed that you are under the influence at .08%, that presumption can be rebutted (Veh. C 23152(a) and (b)). You are presumed NOT to be under the influence at .05% or lower (unless you are under 21), but that also can be rebutted.
BTW, there is no such crime as DWI in California.
.08
.08
0.8 is DUI
0.10 is DWI
Legal limit is .08 in the U.S. and I know that in the state of Florida you can actually get a DUI at .05 if you show signs of intoxication like slurred speech, stumbling, alocohol on breath, so on.
Of course a .05 BAC would be very fightable in court but they can actually still give you a DUI at a BAC of .05 if they have evidence to back it up like a failed field sobriety test. I’m guessing CA is very similar to FL.
0.08 mL of alcohol per 100 mL of blood.