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length of no-tolerance regarding BAC level in California

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ndeplume

Junior Member
What is the name of your state (only U.S. law)? California

Hello all,

One more question regarding the consequences for a first-time DUI conviction in California.

I realize that during my 36 month probation, I am not allowed any measurable amount of alcohol in my blood while driving a vehicle, and that the consequences if caught are cut and dry. However, I am somewhat unclear as to how the state and the DMV treat BAC level once my probation is up.

Someone in my DDP class mentioned a new law stating that first offenders are not allowed to have above a .01% for 13 years following their conviction?!

Although I have no intention of drinking and driving again in any scenario, I wanted to know if the .01% no-tolerance parameters extend beyond my probation period, and if so, for how long?

Thanks in advance for any replies.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? California

Hello all,

One more question regarding the consequences for a first-time DUI conviction in California.

I realize that during my 36 month probation, I am not allowed any measurable amount of alcohol in my blood while driving a vehicle, and that the consequences if caught are cut and dry. However, I am somewhat unclear as to how the state and the DMV treat BAC level once my probation is up.

Someone in my DDP class mentioned a new law stating that first offenders are not allowed to have above a .01% for 13 years following their conviction?!

Although I have no intention of drinking and driving again in any scenario, I wanted to know if the .01% no-tolerance parameters extend beyond my probation period, and if so, for how long?

Thanks in advance for any replies.
How about instead of trying to figure out how far you can push the limits, you just don't drink and drive? That would solve ALL those potential problems.
 

sandyclaus

Senior Member
Oh, and the "no-tolerance" thing refers to the "Zero Tolerance" policy that is applicable to persons under the age of 21 who drink and drive.

Since it is illegal for them to consume alcohol at that age, any person under the age of 21 who is stopped by an officer and is found to have a BAC level of .01% or greater as determined by a preliminary alcohol screening test receives an automatic 1-year driver's license suspension for violating the zero tolerance law. If the minor does not yet possess a California driver's license they will face a 1-year delay in applying for one.
 

ndeplume

Junior Member
How about instead of trying to figure out how far you can push the limits, you just don't drink and drive? That would solve ALL those potential problems.
Um, perhaps you missed the line in my original post saying I had no intentions of drinking and driving in any scenario...

This doesn't stop me from wanting to educate myself regarding the hypothetical scenario of having one beer 5 years down the line and getting behind the wheel. Perhaps I misspoke in calling it a "no tolerance" law, but I think it was clear that I wasn't speaking about underage drinking.

My question is whether the standard legal BAC level of .08% applies to me after my probation, or if the more stringent .01% persists for any duration beyond that. I have heard various answers to this from casual sources, and was hoping to get a more accurate response here.

Not looking for a lecture, as my whole goal in informing myself is to avoid breaking the law and getting in trouble in the future. This has nothing to do with any interest in "pushing limits"...
 

davew128

Senior Member
How about instead of trying to figure out how far you can push the limits, you just don't drink and drive? That would solve ALL those potential problems.
Except that it is possible to have trace amounts of BAC and not have consumed an alcoholic beverage. Certainly wouldn't bring BAC to a point anywhere near a per se level but SOMETHING might register.
 

FlyingRon

Senior Member
Except that it is possible to have trace amounts of BAC and not have consumed an alcoholic beverage. Certainly wouldn't bring BAC to a point anywhere near a per se level but SOMETHING might register.
Yes, .02 is common, .04 is really the minimal reliably detectable indication of consumption. You ought to be able to rebut the finding if you can show that you naturally have a trace BAC.
 
What is the name of your state (only U.S. law)? California

<<snip>>>

Although I have no intention of drinking and driving again in any scenario, I wanted to know if the .01% no-tolerance parameters extend beyond my probation period, and if so, for how long?

The 0.01 limit is for your probation period only (essentially no alcohol and driving). The per se limit reverts to 0.08 after your 36 months probation, though of course it would be foolish to drink at all and drive, risking a 2nd DUI.
 

ndeplume

Junior Member
The 0.01 limit is for your probation period only (essentially no alcohol and driving). The per se limit reverts to 0.08 after your 36 months probation, though of course it would be foolish to drink at all and drive, risking a 2nd DUI.
Although I have no intentions of pushing my luck again, it is nice to know what kind of situation I'm dealing with.

Thanks for the info.
 
Also make sure that you have an understanding of what a per se limit means and that you can be charged with DUI while still being under the per se limit. A lot of people don't understand what it really means.
 

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