Law Office of Sean G. Erenstoft

By:  Sean Erenstoft, Esq.

It’s true.  Driving a car after only one drink (even a watered down vodka-tonic) can put you behind bars according to California’s Vehicle Code §23152(a).

While the chances of getting stopped by the police after imbibing only one drink remain virtually nil, let’s say you’re leaving a bar or restaurant after midnight; take your car from the valet; and proceed home.  You turn on your home street and observe a Christmas tree of lights coming from the car directly behind you.  Well, of course you are reasonably assured that you’ve done nothing wrong and that, nonetheless, you’ve only had one drink.  Are you in violation of California’s DUI law?  Surprisingly, YES!

California is a zero-tolerance state when it comes to drinking-and-driving.  We all know about the .08% of blood alcohol rule suggesting that we can have about two drinks before we are too intoxicated to drive under the law.  But most people don’t know that the law being enforced today prohibits any amount of alcohol in your system while driving. 

In most DUI tickets my office reviews, two charges are alleged against a DUI defendant.  The first refers to DUI generically.  The second charge alleges DUI with a blood alcohol level of .08% or more.  Most often, one of the counts is dismissed once the type and level of intoxication is determined by a blood or breath test.  It is notable that the first count I referred to above DOES NOT require a BAC of .08% or greater to be guilty. 

The good attorneys in my office will attempt to get our clients a reduced charge of “reckless driving” or perhaps a dismissal when our clients get a DUI with a BAC of less than .10%.  However, you should know that making that illegal U-Turn to cruise Santa Monica Blvd. one more time after sipping just one drink can land you in chains. . . and not the good kind.

If you have any questions about any ticket or offense you have received, my office will spend the time to clarify the charge and tell you your options.  I believe an informed client is the best kind to have.  My office can be reached at (818) 377-3838 virtually any-time. 

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