Have you heard about buzzed driving? If you’ve watched any of the public service announcements in the Los Angeles County area, you’ve definitely seen the PSAs making a connection between buzzed driving and drinking and driving.

So what is buzzed driving?

Buzzed driving means that a driver is driving in an intoxicated manner. However, he or she was not over the legal limit to drive a vehicle in Los Angeles according to California Vehicle Code 23152(b). Being over the limit violates the per se statute. It means that the driver was too impaired to drive and can be arrested. The legal limit varies according to age and occupation. Here is the breakdown:

  • Drivers over 21 years old: BAC of 0.08 percent or above violates the statute.
  • Drivers under 21 years old: 0.00 percent. In other words, it is zero tolerance. There can be no blood in the driver’s bloodstream at the time of the traffic stop.
  • Commercial drivers: BAC of 0.04 percent or above violates the statute.

VC 23152

According to 23152, it is against the law to for anyone to drive while having a blood alcohol concentration, or BAC, of 0.08 percent or higher. Now the second part of the California Vehicle Code section relates to buzzed driving. The law also makes it illegal for a driver under the influence of alcohol to operate any motor vehicle.

Being “under the influence” of alcohol means you have alcohol in your bloodstream at the time of a traffic stop. In other words, you or any driver can be stopped and arrested for DUI even if your BAC is not over the limit.

DUI Downgraded to a Wet Reckless Charge

Anyone driving under the influence of alcohol can be arrested for DUI—even you. If you have been charged with DUI for being buzzed while driving, contact the Law Offices of Jonathan Franklin. There is a possibility that the charge may be dropped or reduced.

With a wet reckless plea, you admit your drove recklessly because you had alcohol in your bloodstream. However, you do not admit to being under the influence of any alcohol. This is a positive option for anyone arrested for buzzed driving if the initial DUI charge cannot be dropped. Of course there are still penalties associates with a wet reckless conviction. These penalties are not as tough as DUI penalties.

A wet reckless plea is not the only option you have when arrested for DUI because of a buzzed driving allegation. In fact, you have many legal options. To learn more about your legal options pertaining to a buzzed driving DUI, contact the Law Offices of Jonathan Franklin immediately. Jonathan, a former prosecutor, knows both sides of a buzzed driving DUI charge. He and his team will aggressively defend you against your buzzed driving DUI charge. It does not matter if he negotiates a plea agreement in your favor or successfully fights for the charge to be dropped, let the Law Office of Jonathan Franklin start working on your case now. Schedule a free consultation today to discuss your options.