Limits and Fines

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Alcohol and Drugs

Alcohol and Drugs

There may not be a lot you are in control of in life, but when you’re driving… you have to be the boss of your vehicle and everything you make your vehicle do to get you from Point A to Point B. 

Driving safely means you are not putting yourself at risk for getting into an accident or causing harm to others. Let’s look at some of the common ways drivers fail to keep it safe on the roads. 

Alcohol and Drugs

In California driving under the influence (DUI) includes alcohol, cough syrup, drugs (illegal and prescription) and any other substance you put into your body that negatively impacts your ability to safely drive. 

  • This topic is serious because it can result in not only suspension of your driving privileges but also serious harm to others if you violate DUI laws. 
  • If an officer suspects you are under the influence of any type of substance, they have the right to require a breath, blood, and/or urine test or sample and it is illegal for any driver to resist or refuse. 
  • So, keep yourself safe and do not drink and drive and do not take prescription medications that hinder your driving and then get behind the wheel. 🙌🏾 If something changes (medical, vision, etc) in your ability to drive safely, you need to let the DMV know. 
  • Never mix alcohol and drugs as this will greatly increase the odds of you getting into an accident. 
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Blood Alcohol Concentration (BAC)

Blood alcohol concentration (BAC) is the amount of alcohol that has entered your bloodstream after consumption. The higher the concentration of alcohol in your bloodstream, the less safe it is for you to drive. It is illegal for you to drive (this includes driving a boat) if your BAC is in the following percentages. 

  • 0.08% or higher if you are over 21 years old
  • 0.01 % or higher if you are under 21 years old
  • 0.01% or higher at any age if you are already on a DUI probation
  • 0.04% or higher if you are driving a passenger for hire

Take a look at this chart to see how quickly your BAC can make driving unsafe.

Possession or Consumption by a Minor (Under 21)

Possession

You cannot have alcohol in your vehicle while you are driving unless someone over 21 is with you in the vehicle. If so, the alcoholic containers must be sealed (not already opened) or put in the trunk, out of reach of passengers. If you are working with an off-site alcohol license you may carry closed and sealed alcohol containers without the presence of a 21-year-old. 

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If you do not have an off-site alcohol license and are not with someone over 21 and are caught with alcohol in your vehicle, your car can be impounded for up to 30 days. The court has the right to suspend your driver’s license for one year and fine you up to $1000. If you are driving illegally and do not have a license to suspend, the court can instruct the DMV to refuse to give you a license for up to one year. 

Consumption

  • Law enforcement officers have the right to require you to take a breath test, preliminary alcohol screening test (PAS), or any other legal chemical test to assess your BAC. 
  • If the results show 0.01% or more, the DMV can take away your driving privilege for one year. For a first offense, a DUI program will be ordered for you to take. For more offenses, stricter programs and longer suspensions may take place. 
  • If the results of a PAS show 0.05% or more and breath or blood tests confirm this, you can be arrested and your driving privilege suspended.