For most adult drivers, the legal blood alcohol concentration limit in California is 0.08 percent. Hit that number or go over it and you can be charged under Vehicle Code 23152(b), even if you felt fine behind the wheel.
The limit changes depending on who you are and what you're driving. Commercial drivers operating under a CDL face a stricter 0.04 percent limit. Drivers under 21 fall under California's zero-tolerance rule, where a reading of 0.01 percent or higher can cost you your license. That 0.01 is low enough that mouthwash or cough syrup can sometimes register.
Here's the part people miss: you don't have to be at 0.08 to get arrested. Under Vehicle Code 23152(a), the state can charge you for being impaired at a lower number if the officer believes alcohol or drugs affected your driving. So a 0.06 with bad field sobriety results is still an arrest.
BAC numbers also aren't gospel. Breath machines need proper calibration, and the reading can be skewed by timing, medical conditions, or a rising alcohol curve. Those are real defenses.
To understand how the number itself gets attacked, see our BAC defense page or read can I be charged with DUI under the 0.08 limit.
Questions about your own reading? Call (858) 622-7280 or visit our contact page for a free consultation.
This is general information, not legal advice, and every case is different.