Under California 23152(e) VC, paid transportation drivers, such as taxis and rideshare services, are required to have a lower BAC (blood alcohol content) than regular motor vehicle drivers. In this article, we will go over the blood alcohol limit for rideshare drivers as well as penalties for breaking this law. If you still have questions or would like more information after reading this article, please consider contacting us.
What is the blood alcohol content limit for rideshare drivers?
Regular drivers over 21 can have up to a 0.08% BAC. Commercial drivers and rideshare drivers however may not surpass a 0.04% BAC whilst transporting a passenger who is paying for the driver’s service. If not transporting a customer, the driver must follow the same limit of 0.08% BAC as other drivers. This new law was signed by Governor Jerry Brown in the Assembly Bill 2687, taking effect on July 1st of 2018.
In the words of California Vehicle Code 23152, “Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle.”
Though the legal limit for ridesharing vehicles is 0.04%, if the driver is shown to have been impaired due to alcohol consumption whilst driving but had less than 0.04% BAC, then they are still guilty of driving under the influence.
What are rideshare drivers?
In the context of 23152(e) VC, a “rideshare” driver is one who is monetarily compensated for the service of transporting a passenger with a motor vehicle. This could include a taxi, rideshare, limos, etc. The money need not be passed directly to the driver for hire, it could be paid via the services app, for example. However, not every time a driver is given money are they considered a rideshare driver, such as when passengers contribute to the gas money of the driver, but the driver is not hired for their service, they are merely transporting the passenger because they are a friend, family member, etc.
This article has provided an outline of what conditions constitute a DUI for ridesharing drivers such as Uber and Lyft. If you would like more information on the subject or are currently being tried under California Vehicle Code 23152(e) VC, please consider contacting us so that we may discuss how you can be defended.
Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.