It does not matter how many you had. You can get charged with a DUI even if you are under .08 BAC.
In CA you get charged with both VC23152(a) AND VC23152(b), but even if you do not "qualify" to be charged with (b), they can charge you with (a).
Basically, if the cop is a dick, you get arrested and charged no matter how many drinks you had.
Quote:
VC 23152.
(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
|