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What is the legal blood alcohol content for rideshare drivers?

As you might imagine, the California law on driving under the influence of alcohol make separate provisions for commercial and other drivers. However, if you were to operate a vehicle on a freelance basis for a rideshare program, you would not require special licenses. This could let you own and operate your vehicle normally, independently of commercial-vehicle laws and insurance policies.

However, you could consider rideshare operators as commercial drivers — at least insofar as blood alcohol content maximums are concerned. This recent change to the statue could have the potential to result in lifelong consequences for you if you are not aware of it.

According to the California Vehicle Code, section 23152, commercial motor vehicle drivers must maintain a BAC percentage of below .04 in order to drive legally. The code also states that beginning in July of 2018 you would also have to remain below this maximum blood alcohol content percentage if you had a passenger for hire in your vehicle.

In contrast, the law allows you to have a maximum of .08 percent alcohol in your blood as a non-commercial driver. It also bears mentioning here that these figures would be based on tests performed no more than three hours after your arrest and could potentially be rebutted in court.

Whether you drive independently or you freelance with a ride service, any DUI arrest would be a cause for serious concern. Every case is different and deserves special consideration. Therefore, please do not treat this as legal advice. It is only general information.

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