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Difficulty: MediumBlood Alcohol Concentration (BAC) Limits and Thresholds

An off-duty 35-year-old motorist holds a Commercial Driver License (CDL) but is currently driving their private family sedan on a public roadway. Under standard traffic safety laws, what is the maximum Blood Alcohol Concentration (BAC) threshold at or above which this driver is considered legally impaired (per se DUI)?

  1. 0.08%0.08\%Answer
  2. B
    0.04%0.04\%
  3. C
    0.01%0.01\%
  4. D
    0.10%0.10\%

Answer

0.08%0.08\% Blood Alcohol Concentration (BAC)
For adult drivers aged 21 and older operating a private passenger automobile, the legal per se Blood Alcohol Concentration (BAC) limit is 0.08%0.08\%. Although the driver possesses a Commercial Driver License (CDL), the stricter statutory limit of 0.04%0.04\% applies exclusively when actively operating a commercial motor vehicle.

Step-by-Step Solution

1
Identify the driver's age and the type of vehicle being operated
The driver is 35 years old (adult aged 21+) and is operating a private non-commercial vehicle.
Statutory BAC limits are determined by the classification of the vehicle being driven and the driver's age, rather than license class alone.
2
Determine the applicable legal per se BAC threshold
The applicable statutory limit is 0.08%0.08\%.
While CDL holders are held to a stricter 0.04%0.04\% BAC limit when driving a commercial motor vehicle, the standard adult 0.08%0.08\% limit applies when they drive a private passenger vehicle.

Key Concept

Blood Alcohol Concentration (BAC) Limits by Vehicle Classification
Estimated Time:1m 0s
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Topics

Blood Alcohol Concentration (BAC) Limits and Thresholds

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