In California, in order to be convicted of driving under the influence, prosecutors must prove a driver was doing exactly that – they were behind the wheel. There is another charge, sometimes called California’s “per se” DUI law. The charge is called driving with a blood-alcohol content of .08% or higher. This means that someone is automatically guilty of DUI, even if it cannot be proven that the person was under the influence of alcohol. Often times, a person will be charged with both operating a motor vehicle with a blood-alcohol content of .08% or greater and DUI. Whether or not a person was driving is critical to the charge. Billboard.com reports on the charges Mac Miller is facing, which includes DUI and driving with a blood-alcohol content of .08% or higher.
In an accident that occurred on May 17th, rapper Mac Miller was driving in his luxury vehicle with friends when he allegedly hit a utility pole, knocking it over. Thankfully, Miller and his passengers escaped relatively unscathed, but left the scene.
Miller was arrested a few hours later. At that time, he took a breathalyzer test, revealing that he had a BAC of nearly two times the legal limit. He was charged with DUI, operating a motor vehicle with a blood-alcohol content of .08% or higher and hit-and-run.
On August 21st, the Los Angeles District Attorney’s Office officially filed charges against Miller. He is facing charges of DUI and operating a motor vehicle with a blood-alcohol content of .08% or higher. The hit-and-run charge was dropped.
Miller, who was born as Malcolm McCormick, is facing up to six months in jail and a $1,000 fine if convicted of all charges. However, as a first-time offender, McCormick will likely only face license suspension, probation, and community service penalties.