Driving under the influence of drugs and alcohol in Los Angeles, and in California as a whole, can come with devastating and serious consequences for the party convicted and those affected who are affected by others’ impaired driving. Accidents involving impaired driving are unfortunately common, and some might wonder, “What is considered impaired driving in Los Angeles?” Some residents may be unaware of the relevant laws, but a Los Angeles drunk driving attorney can clarify them.

When someone operates a motorized vehicle on the roadways of Los Angeles, they are essentially giving consent to the chemical testing of their blood or urine after a traffic stop. This is necessary for judging whether their blood alcohol content is above the legal limit. Unfortunately, accidents can occur, and people can be hurt or killed due to someone’s impaired driving.

When dealing with situations of this nature, you deserve to know your rights if you or a loved one has been injured in an accident involving impaired driving.

What Is Considered Impaired Driving In Los Angeles?

What Constitutes a DUI in Los Angeles?

In the city of Los Angeles and across California, if an individual is found to be operating a vehicle with a blood alcohol content, or BAC, of 0.08% or higher, they have surpassed the legal limit and can find themselves charged with a DUI, or driving under the influence.

These rules are even stricter for drivers under the age of 21. Underage drivers are not legally allowed to operate a vehicle with a BAC of 0.01% or higher. This also goes for those who are on probation for a past DUI. If you are the driver of a commercial vehicle or a vehicle for hire, such as a taxi, the limit stands at 0.04%.

A DUI can also involve the use of marijuana. Even though this recreational drug is now legal in the state, California law makes no distinction between illegal and legal drugs in cases of impaired driving. Any substance or drug, even over-the-counter medications or prescriptions that can cause a driver to be impaired can lead to charges of driving under the influence.

California DUI Penalties

When determining the fines and punishments that one can face for a DUI, there are several contributing factors. These may include an instance in which:

  • The DUI caused an accident.
  • There was a minor in the vehicle of the one who was driving impaired.
  • The DUI resulted in property damage.
  • The impaired driving event caused the death of another individual.

Depending on other circumstances surrounding an instance of impaired driving, the punishments may increase to facing the revocation of a license or possible jail time. These penalties are typically more common if the individual has been convicted of impaired driving in the past.

Other Common Situations That Cause Reduced Driving Ability in California

Driving under the influence of drugs and alcohol is not the only condition that can hamper one’s driving. There are several other situations that can reduce one’s ability to operate a vehicle. However, not many of these lead to charges unless a third-party victim is injured or killed in an accident resulting from such actions or conditions.

These situations might include:

  • Texting and driving
  • Eating or drinking while driving
  • Speaking on the phone
  • Taking one’s eyes off the road and/or hands off the wheel to reach for something

Collectively, these actions are more commonly known as distracted driving. Additionally, driving while exhausted or drowsy results in a similar level of impairment as driving under the influence.

FAQs

Q: What Is Considered a Driving Impairment?

A: Impairment while driving occurs when the individual operating a motorized vehicle is impaired by:

  • Controlled substances
  • Illegal drugs
  • Recreational drugs
  • Prescription drugs
  • Over-the-counter medications
  • Alcohol

Other actions that can reduce one’s ability to safely operate their vehicle include driving while distracted or sleepy. However, these are different from impaired driving.

Q: What BAC Level Is Considered Impaired Driving?

A: In California, it is illegal for an individual of 21 years of age or older to operate a personal vehicle with a blood alcohol content of 0.08% or higher. This limit becomes stricter when the person who is driving impaired is an underage driver, operating a commercial vehicle, or driving a vehicle for hire, such as a taxi.

Q: What Is the Amount of Compensation That I Can Seek in an Impaired Driving Claim?

A: If an individual is injured or even killed in an accident involving impaired driving, the victim and their family have the right to file a personal injury claim for compensation. It is difficult to assign an exact amount of compensation that you can seek in a claim, as the amount is dependent on several factors. These include the nature of the impairment, the extent of the injuries and damages sustained, and whether anyone was killed in the accident.

Q: How Can You Tell If a Driver Is Impaired?

A: There are several ways that one can tell if another driver on the roadways is driving impaired. Most of these involve noting the behavior of the driver, as they may be:

  • Driving too fast or slow
  • Swerving, drifting, weaving, or braking erratically
  • Disregarding traffic signs and lights
  • Crossing the centerline
  • Veering off the shoulder of the road
  • Tailgating

We Can Help Those Who Have Been Injured in Los Angeles Due to Impaired Driving

Many people in the United States die due to a drunk driving accident every day. Add in other factors, such as texting, talking, or eating while driving, and that number increases. Thousands of other people are injured due to these situations on a daily basis, as well. When this occurs, the victims and their families have a right to compensation.

Easton & Easton, LLP, can review the details surrounding your accident and injuries to determine if the impaired driving of another is to blame for the incident. Our attorneys understand how devastating any accident can be and how exponentially damaging it is when it has been caused by another individual’s negligence. Contact our firm today to assert your rights after an accident.