The National Transportation Safety Board has recommended that the legal limit for drunk driving cases be lowered from .08% to .05%. The Federal body recommended that drivers be considered legally impaired to drive at or above .05% blood or breath alcohol level in order to reduce the amount of DUI related accidents and deaths. The Board relied on statistics from Europe indicating a reduction in DUI related accidents in Countries that adopted the .05% standard.
Other organizations such as MADD and AAA have declined to openly support this recommendation, and it is likely to be met with some stiff opposition from States.
The California Vehicle Code makes it a criminal offense to drive with a .08% breath or blood alcohol level. In addition it is a criminal offense to drive under the influence of alcohol or drugs. The Vehicle Code makes it a rebuttable presumption that a person driving with a .08% breath or blood alcohol level is also driving under the influence of alcohol and is legally impaired.
The Code also indicates that a person driving with a blood or breath alcohol level below a .05% is presumed to be not under the influence to drive. This leaves a grey area between a .05% BAC and a .08% BAC where a person may be driving under the influence of alcohol, depending on the individual facts. There is no presumption either way. Theoretically, therefore, a person may be convicted of DUI in California with a BAC of .05% as the law is presently written. If you have been arrested for DUI in California, please call Los Angeles DUI attorneys at Gold & Witham for a free case evaluation.