Recently, a visitor to the site asked how it was possible to be arrested and charged with a DUI with a blood alcohol content reading far below the “legal limit”.
Specific DUI laws vary from state to state, but there are at least two possible reasons that someone could be charged with a DUI despite a blood alcohol content of less than .08%.
One is that the driver might be under the age of 21. In many states, the “legal limit” for a driver under the age of 21 is significantly lower than .08%.
FACT: Sometimes Just Having ANY Alcohol in Your System Can Lead to an Arrest
In fact, in some states any trace of alcohol is sufficient to convict an underage drinker of driving under the influence.
Another possibility is that the driver had a blood alcohol content (BAC) reading somewhat lower than .08%, but also showed signs of impairment. The “legal limit” is simply the number above which a driver is automatically guilty of driving under the influence (or some related statute) without any other evidence.
However, many states also allow for a DUI offense and conviction when a driver has a slightly lower BAC reading but also fails field sobriety tests, drives erratically or otherwise shows signs of being impaired.
If you’ve been arrested for DUI and you were below the legal limit, talk to a lawyer about how you may be able to beat your DUI case.