Driving under the influence (DUI) is a serious offense, and using the “2 beer defense” or the “I just had one glass of wine with dinner” is not a defense. Most of the time, it is an attempt after being stopped by an officer to avoid being tested further and arrested for DUI. Usually it is not based on reality and it is not the first time the Officer has heard that line. If you are over the legal BA (blood alcohol level) or are impaired, that is the problem. DUI laws vary by jurisdiction, but generally, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) above the legal limit of .08 in California, but you can still be impaired at a .05 or more or at any level if any drugs are involved (even prescription meds). The law is to keep impaired people off the road for public safety.
Attempting to argue that consuming only a small amount of alcohol is a defense is unlikely to be successful in avoiding further testing or arrest and not a good defense at trial unless you are under the legal limit and are not impaired. The legal limit for BA levels is set to ensure the safety of drivers and others on the road. Driving impaired, even if it’s just after consuming a small amount of alcohol, can still pose a significant risk.
If you have specific questions about DUI laws in a particular jurisdiction or need legal advice, it’s recommended to consult with a qualified attorney who can provide guidance based on the local laws and regulations.
