Alcohol and drugs
Can you be convicted of DUI if your blood alcohol concentration (BAC) was never measured?
- Yes, depending on how badly you are impaired. Correct answer
- No; a DUI conviction requires a measured BAC of 0.08% or higher.
- Only if you are under 21.
Why
A BAC number is one way to prove DUI, not the only one. Depending on how impaired you are, the handbook says, you can be arrested and convicted without any BAC measurement, which knocks out the idea that a test result of 0.08% is required. Age plays no part in this rule; the under-21 limit of 0.01% tells you what level is illegal once it is measured. The handbook also points out that being under the legal limit does not make you safe, since almost everyone feels the effects of alcohol even below it.
Where this comes from
California Driver's Handbook, June 2025 edition. The correct answer is Yes, depending on how badly you are impaired.
The rule behind this one
California alcohol and drug rules for drivers goes through the whole topic, with the page of the California Driver's Handbook behind every rule.
More on alcohol and drugs
- In the handbook's BAC table, one drink means 12 ounces of 5% beer. How much 12% wine counts as one drink?
- Your BAC is 0.10%. According to the handbook's glossary, what does that number mean?
- You are taking a jet ski out on a lake. What does California law say about drinking alcohol while you operate it?
- You are 19 and an officer has you take a preliminary alcohol screening (PAS). It shows a BAC of 0.05%. What may the officer do next?