What Does It Mean to Be “Under the Influence” of Alcohol?
Impairment by Alcohol
You are legally considered under the influence when alcohol impairs your ability to operate a vehicle with the caution of a sober person using ordinary care under similar circumstances. Signs of impairment can include:
- Slurred speech
- Poor coordination or balance
- Delayed reactions
- Swerving or erratic driving
A police officer may observe these signs during a traffic stop or after an accident to determine if you’re under the influence.
What If My BAC Is Below 0.08%?
You can still be charged with DUI even if your BAC is under the legal limit, as long as the prosecution can prove that your driving was impaired. This is often referred to as an “impairment DUI.”
How Impairment Affects Your Case
Unlike a “per se” DUI, where a BAC over 0.08% is the primary evidence, impairment DUIs rely on the officer’s observations, field sobriety tests, and sometimes video footage from the traffic stop.
Facing DUI Charges? Chris Cain Law Can Help
If you’ve been charged with driving under the influence of alcohol in Monterey County, you need an experienced attorney to review your case and build a strong defense. We can challenge law enforcement’s judgment of your impairment, and question the evidence. At Chris Cain Law, protecting your rights is our number one priority. Call us at (831) 296-0060 or schedule a free consultation today.