Many people believe that driving after one drink is perfectly fine, but one drink may still put some people over the legal limit to drive. If your loved one has been arrested for driving under the influence, keep reading to learn more.

What Are California Drunk Driving Laws?

As with many states, when anyone drives on California public roads, they automatically consent to blood alcohol content (BAC) tests if an officer suspects they are driving under the influence. In most cases, the officer will ask the driver to take field sobriety tests and a breathalyzer test to measure BAC. The driver has the right to refuse to take this BAC test, but that will likely lead to an arrest. 

For most adults, 21 and older, the legal limit is 0.08 percent, but if that person is under 21, the legal limit is 0.01 percent. Similarly, if the driver is currently on DUI probation, the legal limit is 0.01 percent. If someone is driving a vehicle that requires a CDL license, such as a taxi or rideshare service, the legal limit is 0.04 percent.

What About Cannabis?

California laws do not provide legal limits for how much cannabis can be in a person's system while driving because the body doesn't process cannabis the same way it does alcohol. The liver processes alcohol fast, so if a person has one standard drink (about one ounce of liquor), the alcohol is out of their system in about an hour.

However, according to Medical News Today, cannabis can stay in the body for up to 30 days, which makes tests less reliable for proving driving under the influence.

Instead, the officer will use other factors to determine impairment. This includes driving conduct (swerving, driving slowly, falling asleep at the wheel, etc.), statements, odor, demeanor, and obvious signs of cannabis in an individual's car or on their person. In addition, an officer may ask someone to take field sobriety tests like walking a straight line.

What Are the Consequences?

If someone gets arrested for driving under the influence for the first time, they could face 48 hours in jail and a fine of $390 to $1,000. In some cases, the courts may also give them informal probation for up to 5 years, and during this probation, they will have to take DUI classes. Naturally, their driver's license will be suspended (for six months).

In extreme cases, such as those involving an injury, DUI charges may be bumped up to a felony DUI. If convicted of a felony DUI, someone could face up to 16 years of jail time and a fine of up to $5,000. In the event of a death, charges may also include negligent vehicular manslaughter, gross vehicular manslaughter, or second-degree murder.

Even if no one was hurt, a fourth DUI within ten years is usually treated as a felony DUI.

In some cases, the courts may decide to let the defendant keep their license. For example, if someone works in a remote location that has no public transportation, the courts may allow them to keep their license so they can drive to and from work. However, the courts may require an ignition interlock device. This type of device requires someone to blow into it to measure their BAC. If their BAC is too high, their vehicle won't start.

If your loved one has been arrested for driving under the influence of alcohol or cannabis, don't make them wait in jail. In most cases, bail is allowed for DUI cases, and a bail bond can provide you with the money you need. If you would like more information, contact us at Albert Ramirez Bail Bonds today.