There is No Legal Limit

I’m half-way through my 30-hour AB 541 alcohol education program and every week there are always new people to the program who repeat the same myths and misconceptions. “I blew a .082, which is just over the legal limit,” said a newcomer. This elicited a low groan from within the room, because those of us who are past our first week have all heard that before.

In the program, there are several phrases that get repeated over and over, one of which is: There is No Such Thing as a Legal Limit. California Vehicle Code 23152 states:

A. It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
B. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Point B is often cited by people as the basis of a “legal limit.” However, point A says it’s unlawful to have any alcohol and drive. So, what’s going on here? Well, exactly what it says. It’s never legal to have any alcohol and drive. Where does this glossing over point A to point B come from?

Just rode your bike? Have a beer! As a side note, bicyclists have been arrested in LA for DUI, but I don’t know if those charges stuck, because it revolves around the argument over whether a bicycle is a vehicle. However, Vehicle Code 21200.5 states: “(I)t is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug.” The fine for that violation is $250. Photo Credit: Downtown Long Beach Associates

Although the phrase “Don’t Drink and Drive” is everywhere, so is alcohol in just about every adult activity in American culture. People want to drink when they go out. Bars, restaurants, sporting events, theaters, and of course alcohol companies, all want you to drink. Combine that with the American belief that it’s a God-given right to drive (especially in LA) and you get an attitude that drinking some alcohol and driving is okay, just as long as you’re not “drunk.” You’re not one of those people; you drink (and drive) responsibly. That’s where the “legal limit” comes in. It’s the imaginary line that separates you from the irresponsible people.

I’m sure many people draw this imaginary line in their minds of how much alcohol is acceptable to drink before driving. They will probably drink and drive at this level numerous times and never think anything is wrong. Because, honestly, they probably are not particularly riskier drivers because of it. They also potentially will never get caught.

The program is trying to get us away from the idea of the “legal limit” because it’s not worth trying to justify what amount of alcohol you can drink before you drive. Do you really know for certain what your BAC is after you drink? As time goes by and you keep getting away with drinking and driving, do you allow yourself to drink just a little more than the last time? If you’re relying on your alcohol-influenced mind to make good decisions, it’s already a risky proposition.

BAC can help determine the punishment you receive for your DUI and 0.08% is an important number in that case, but ultimately a DUI is a DUI at any BAC.

The other phrase that is repeated often in the program is: Don’t Drive to the Drink. Take away the option of drinking and driving by not driving there in the first place. Having your car with you after drinking could lead to these type of thoughts:

I’ve driven home before after drinking and I was fine. I haven’t gotten pulled over yet. I don’t want to pay for a cab. I don’t want to leave my car here. I just want to sleep in my own bed. I’ll stay off the freeway. I didn’t have that much to drink.

After my DUI, I don’t want to put myself in the position to have those thoughts again.