In California, the difference between drunk and impaired driving is that drunk driving refers to having a BAC level of 0.08% or higher, whereas impaired driving is when someone’s ability to drive safely is affected by alcohol or drug use, regardless of BAC levels.
The state of California legally requires drivers to operate their vehicles in a reasonable and safe manner. Drivers throughout the state are expected to avoid both impaired driving and drunk driving. For more information or to get legal help, contact a skilled Los Angeles DUI lawyer now.
Defining Drunk Driving in the State of California
Understanding the difference between drunk and impaired driving in California starts with knowing the definitions of these terms. Drunk driving refers to driving under the influence of alcohol.
Drivers in California may be charged with drunk driving if their blood alcohol content (BAC) exceeds certain levels. Legally, drivers must keep their BAC:
- Below 0.08% if they are over 21
- Below 0.04% if they are commercial drivers
- Below 0.01% if they are under 21
Any driver exceeding the state BAC limits can be accused of drunk driving and may face DUI charges.
For a free legal consultation, call (310) 896-2723
Defining Impaired Driving in the State of California
California uses a very broad definition of impaired driving. Any driver who operates a vehicle without full focus due to an outside influence could be considered impaired.
For example, drivers may be accused of impaired driving if they get behind the wheel:
- After drinking alcohol
- After using certain drugs (including prescription drugs)
- While they are fatigued
- While distracted in any way
As you can see, all forms of drunk driving are also considered impaired driving, but not all instances of impaired driving involve alcohol use. Drivers can be impaired by many chemical substances, including:
- Illicit drugs like heroin
- Prescription drugs, especially sleep aids
- Over-the-counter drugs, including some allergy medications
Simply driving while very tired or ill can result in impaired driving as well. Sometimes, drivers engage in impaired driving if they are talking on a cellphone, texting, adjusting a radio, or even eating while behind the wheel. To learn more about driving while intoxicated charges or the California Vehicle Code, contact us.
Comparing Criminal Charges for Drunk and Impaired Driving
Drunk driving in California is prosecuted using DUI charges. DUIs are punished very harshly by the court system. Convictions can result in fines, jail time, and orders to install an ignition interlock device (IID) on a driver’s vehicle.
Impaired driving is also sometimes treated as a criminal act. For example, all acts of driving under the influence of drugs are also prosecuted as DUIs in California. In fact, in some situations, drivers can even be charged with driving under the influence of both alcohol and drugs.
Note that driving while tired or distracted generally won’t lead to criminal charges in California. However, this doesn’t mean that these forms of impaired driving will go unpunished. Drivers can be sued in the civil court system if they cause an accident while impaired by exhaustion or distraction.
Getting Help if Accused of Drunk or Impaired Driving
Drivers can reach out to a criminal defense lawyer in Los Angeles if they are accused of drunk or impaired driving. At Simmrin Law Group, we offer professional assistance that can quickly improve your odds of successfully resolving charges for drunk or impaired driving.
Our California criminal defense lawyers could:
- Investigate the charges you are facing
- Block evidence against you
- Get your charges reduced to an acceptable level
- Have your charges dismissed entirely
- Construct a courtroom-ready defense for you
The DUI lawyers at Simmrin Law Group understand how to handle charges of impaired driving. Legal professionals can build you a defense if you are accused of driving under the influence of alcohol or drugs.
Allow us to review all of your legal options starting right now. It is highly recommended that you speak with a lawyer before discussing your charges.
Take control of your future if you are accused of drunk or impaired driving in California. To learn more about criminal charges and the California Vehicle Code, call us today.
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Common Legal Defense Strategies Simmrin Law Group May Use for Both of These Charges
If you are facing charges for drunk driving or impaired driving in Los Angeles, understanding your defense options under California law is crucial.
At Simmrin Law Group, our legal counsel can use various strategies to challenge the evidence, protect your driver’s license, and help you avoid jail time or a criminal record.
We may consider:
- Challenging the traffic stop: We can question whether law enforcement had legal grounds to stop you for driving under the influence or driving while intoxicated.
- Disputing field sobriety test accuracy: Field tests are subjective and may be influenced by fatigue, medical conditions, or poor testing conditions.
- Questioning chemical test results: Chemical test or blood test results for blood alcohol level or blood alcohol concentration may be invalid if the equipment was not properly maintained or administered. Urine tests may also be questioned.
- Arguing improper procedures: A violation of DUI laws, such as failing to follow proper testing protocols, can weaken the prosecution’s case.
- Contesting the reliability of the driver interlock device or ignition interlock device: These breathalyzer test devices can malfunction, leading to false readings or unfair license suspension.
- Demonstrating lack of impairment: Even with a measurable alcohol consumption level, your criminal defense attorney may argue you were not actually impaired under California law.
- Seeking reduced or dismissed charges: In some cases, Simmrin Law Group can negotiate for lesser charges or alternative sentencing to avoid a felony DUI conviction.
Don’t wait to protect your driving record. Whether you’re facing charges for a standard DUI, reckless driving, drugged driving, or need help with your California DMV hearing, you can trust that Simmrin Law Group will be there to stand by your side.
Speak to a Lawyer About Drunk and Impaired Driving in California
Now you know the answer to, “What’s the difference between drunk and impaired driving in California?” Impaired driving covers a wider range of acts than drunk driving, but both acts can lead to criminal charges or penalties involving license suspension, fines, and jail time.
Simmrin Law Group can help you take on drunk or drugged driving charges today. You can easily reach us to get legal assistance by calling us or filling out our online contact form.
Our DUI law team in Los Angeles is standing by to offer you a free consultation, so call us now, then visit our FAQ page to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form