At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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What Was The Law In Regards To BAC Levels For Cab And Rideshare Drivers?

Prior to the implementation of the new law, drivers for hire (such as those working for Lyft or Uber) were held to the same standards as anyone else who gets arrested for driving under the influence. This includes a blood alcohol concentration (BAC) level over 0.08. On July 1, 2018 in California, Vehicle Code Section 23152-E established that the legal BAC for these drivers should be 0.04 instead of 0.08. This change is associated with a similar section that covers DUI injuries caused by commercial drivers who commit any act or neglect of duty that proximately causes bodily injury to someone in their vehicle or in another vehicle. This means that someone who drives for Uber or Lyft will be at risk of receiving a DUI if their blood alcohol level within three hours of driving is 0.04 or greater.

Do Rideshare Or Cab Drivers Need To Have A Special Driver’s License?

Rideshare and cab drivers do not need to have a special driver’s license but do have a responsibility to the person who they are picking up to be operating the vehicle with a blood alcohol concentration of 0.04 or below. It is best to have no alcohol in one’s system while driving because the margin of error on the machines used to test for alcohol can produce a result of 0.04 or above, even after one light alcoholic beverage. Drivers who work for Uber or Lyft are screened for poor driving records, DUIs in the preceding seven years of hire, and criminal convictions. If someone has a clean background and a vehicle with their name on the registration, then they will be able to obtain insurance and work as a driver for Uber or Lyft. The legislature in California decided that since there is not a lot of oversight for these drivers, they should lower the BAC level. The purpose behind the change in the law, as well as behind commercial Class A or B licenses is to protect the public.

Does This New Law Also Apply To Taxi And Cab Drivers?

The new law applies to passengers for hire, including taxi and cab drivers.

For more information on New DUI Laws For Rideshare Drivers In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

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