Attorney Kirk Tarman Explains Why .08 Blood Alcohol Level Is The Legal Limit But May Not Impair Some People
California sets a 'per se' DUI limit of 0.08% BAC for most adult drivers—a bright-line rule the state uses to simplify prosecution rather than to measure true impairment, which varies with a person's tolerance and body size. Some states, such as Utah, set the limit lower, at 0.05%.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Does 0.08% BAC mean you're actually impaired?
Not necessarily. A single number can't capture how alcohol affects each person, since tolerance and body size vary; 0.08% is a 'per se' limit, not a true measure of impairment.
Why does California use a 0.08% limit?
It's a bright-line rule the state uses to simplify prosecution. Some states set the limit lower—Utah, for example, uses 0.05%.
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