Q: Would I be arrested for DUI if I had only one alcoholic drink?

A:

Whether or not you would be arrested for a DUI after having only one alcoholic drink depends primarily on your Blood Alcohol Content (BAC) rather than the number of drinks consumed. In California, as specified on the DMV’s website, it is illegal for any person to operate a vehicle with a BAC of 0.08% or more if they are 21 years old or over. The legal limit is 0.04% or more if there is any amount of alcohol in the blood while operating a commercial vehicle and it is illegal for persons under the age of 21 to operate a vehicle with a BAC of 0.01% or more.

The effect of alcohol differs from person to person based on numerous factors such as weight, general health, metabolism, and the strength of the drink. So, although you might have had only one drink, if your BAC is above the legal limit, you could still be arrested for a DUI.

According to the Meehan Law Firm, the most important aspect of a DUI charge is the evidence. This includes the driver’s BAC level, the results of any field sobriety tests, and the officer’s observations of the driver’s behavior. So, even with a lower BAC, if an officer notices erratic driving or conducts a field sobriety test and finds impairment, it could lead to a DUI arrest.

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Michael Meehan

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Attorney at Law - DUI Specialist

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Attorney at Law - DUI Specialist

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Attorney at Law - DUI Specialist

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Attorney - DUI litigation Specialist

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Attorney at Law - DUI Specialist