Here in California, the general legal limit for drivers is a BAC of 0.08. However, state law does set a lower limit for certain drivers.
For some motorists, driving with a BAC at or above 0.04 is against the law here in California. Commercial vehicle drivers are on this list. A recent law change added another group to the list.
This group is ridesharing drivers. The law change makes it a drunk driving offense for such drivers to have a BAC at or above 0.04 when transporting passengers. This change took effect at the start of this month.
So, this law change expands the situations in which ridesharing drivers would face DUI charges in the state. Such charges could expose individuals to the possibility of jail time, significant probation and fines.
Given this law change, if ridesharing drivers are given a BAC test and test above 0.04, is a DUI conviction a forgone conclusion for them? It is not, as there are various grounds to challenge BAC results.
Examples of things that could call into question the accuracy or admissibility of such test results include:
Evidence that the testing device wasn’t properly calibrated
Evidence that police didn’t administer the test properly
Evidence that the traffic stop that led to the test was made without a valid reason
So, the details surrounding a BAC test can be very impactful in DUI cases, including those involving ridesharing drivers. DUI defense attorneys can help individuals accused of driving above the legal limit applicable to them with investigating whether the BAC test evidence brought against them could be challenged.