.08 BAC

in CA a commercial license is a .04.

"..Does my BAC need to be 0.08% or higher to get a DUI?

The short answer is no. The police officer who pulled you over has the discretion to determine whether your mental faculties were impaired to the point in which you were unable to safely operate your vehicle. In this case, the officer would have had to observe you exhibiting behaviors consistent with a person who was impaired by drugs or alcohol. Similarly, in the event you were impaired because you used marijuana, your BAC would be 0.0%. But if the officer saw you swerving, driving too slow, or if you had been involved in a traffic accident, you could be at risk of facing DUI charges..."

What if you reeked of weed because you just came back from a Ziggy Marley concert but didnt smoke and you were driving too slow because all the loaded concert goers were jumping out in the street? Man, treat the cop like your girlfriends Dad, cause he can do to you what you've been doing to his daughter, but in a bad way.