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You could get a DUI if you’re under the legal limit

On Behalf of | Jul 19, 2024 | Criminal Defense |

It is important for drivers to be aware of their legal limit in terms of blood alcohol concentration (BAC). For most drivers, the limit has been set at 0.08%. There are some drivers who have a lower limit, such as underage drivers who are bound by no-tolerance laws or commercial drivers, who have a limit of 0.04%.

If a driver violates the legal limit, then they may be arrested on DUI charges. The police can determine this simply by giving them a breath test to measure their BAC.

However, some drivers make the assumption that they will never be arrested unless they break this legal limit. The reality is that you could still face arrest, even if you’re under it.

Does the officer believe you’re impaired?

Police officers have the authority to arrest drivers when they think they are impaired. A driver who is over the legal limit is assumed to be impaired. But even a driver who is under that limit certainly could be too impaired to drive safely, especially when the officer notices other types of evidence of impairment.

For example, a driver could fail field sobriety tests, indicating potential impairment. Their eyes could be bloodshot and they may be slurring their speech. The officer could still arrest them, even if their BC was technically below the limit. 

Additionally, some impaired drivers haven’t been drinking alcohol at all. An arrest can be made when people are using marijuana or prescription drugs behind the wheel, along with other substances. The law applies to more than just alcohol, so a person’s BAC may be irrelevant.

Criminal defense options

Are you facing charges for driving under the influence? This can have a major impact on the rest of your life, so be sure you know what legal defense options you have.