You may have viewed the growing number of public service announcements pushing the message that buzz driving is the same thing as drinking and driving. For many viewers this is confusing. What really is buzzed driving? Can you really get arrested for buzzed drinking and driving? When it comes to drinking alcohol and driving, how much alcohol is too much?
What is buzz driving?
“Buzzed driving” is basically defined as driving while intoxicated. However, the intoxication level may not be over the legal limit to be considered driving drunk under the California Vehicle Code. Drinking enough alcohol to give you a buzz may possibly cause impairment, however, the impairment may not be enough to cause you to receive a DUI charge under the per se statute, California Vehicle Statute 23152(b). It may fall under another section, California Vehicle Section 23152(a), if the level of impairment is affecting your ability to safely operate a motor vehicle.
The Legal Limit in the U.S.
The legal limit for intoxication varies according to the driver’s age and occupation. For instance, if you are a commercial driver, the legal limit is 0.04 percent. There are two limits for individuals under 21 years old according to state law. It’s either:
- 0.02 percent.
- Zero tolerance. This refers to an individual not have any alcohol in his or her bloodstream.
Otherwise, the legal limit is under a 0.08 percent.
California Law Regarding Buzz Driving and DUI
California’s primary DUI is defined in the vehicle code section 23152. It is illegal to drive while under the influence of alcohol when your blood alcohol concentration level is at 0.08 percent or higher.
The second part of that law pertains to buzzed driving. According to the law, it is also illegal for anyone under the influence of any alcohol to operate a motor vehicle. A driver can be stopped by police and arrested for drinking and driving even if he or she is buzzed.
Wet Reckless Charge
If you’ve been charged with DUI for being buzzed while driving, there is a possibility you can be plead to a lesser charge. The plea is called “wet reckless.” A wet reckless plea means you were driving recklessly because you had alcohol in your bloodstream. Essentially you plead guilty to having alcohol in your system while you were driving. However, you contend that you were not under the influence of alcohol.
For many individuals arrested for buzzed driving, a wet reckless plea can get their initial DUI charge reduced. Yes, there are still penalties for a wet reckless conviction. However, they are not as severe as DUI penalties.
If you’ve been arrested for DUI, you have legal options. To learn more about those defense options, contact the Law Offices of Jonathan Franklin today. As a former prosecutor, Jonathan Franklin knows both sides of a DUI case. Thus, he’ll aggressive defend you against a DUI charge, whether it is negotiating a favorable plea agreement or taking your case to trial. Contact the team at the Law Office of Jonathan Franklin today.
