In California, the normal legal limit for most people is 0.08%. However, if there is an accident where injuries were involved, a person can be arrested for DUI even if their blood-alcohol level is not that high. This is because California Vehicle Code 23153(a) allows for the charge if a person is in an accident causing injury and acts in a way that their mental or physical abilities were impaired. VC 23153(b) covers having a blood alcohol level of 0.08% whether a person was acting impaired or not. This charge can be either a felony or a misdemeanor, depending on the circumstances of the accident and the severity of the injuries.
The Mercury News reports that two people were arrested on DUI charges after a multi-vehicle crash on the 101 seriously injured two people.
The crash occurred early Sunday morning on the northbound 101 Highway in Menlo Park. At about 2:35 a.m. just north of Marsh Road authorities were called to the scene.
A gray 2006 Honda Civic with four people was traveling at an unknown speed. The driver lost control and veered into the water-filled attenuators within the center divider and then rolled, coming to rest in the northbound lanes.
Just after the four occupants exited the vehicle, it was hit by a white BMW. A white Honda Civic then braked, stopping just short of hitting the other two vehicles. A black Jeep then rear-ended the Honda. The Honda drove away, exiting the interstate to wait for officers. A Dodge Dart then collided with the Jeep.
The male driving the gray Honda Civic and the woman driving the Jeep were both suspected of driving under the influence. They were both taken to the hospital for the treatment of minor injuries and then booked into the San Mateo County Jail.
Two of the three passengers in the gray Honda suffered from serious head and bodily injuries. They were taken to Sanford Hospital. No other serious injuries were reported. No other driver was suspected of DUI.
