You’re probably aware that the standard legal limit for blood alcohol concentration in Minnesota and across the United States is 0.08%. So while you can be charged with driving under the influence if you are pulled over and blow above a 0.08, did you know that you can also be charged with a DWI even if you don’t hit this threshold? In today’s blog, we explain how you can be charged with DWI even if you are under a 0.08, and what you should do if you find yourself facing this type of DWI charge.
DWI Under 0.08%
Even though 0.08% is considered the standard level of intoxication for drivers, police are legally allowed to charge an individual with driving while impaired if they can show that the person was too impaired by a substance at the time they were driving. In other words, if you blow a 0.06, but police have you on dash cam failing to safely maintain your lane and you failed the field sobriety tests during the traffic stop, you can still be charged with driving while impaired.
Similarly, if police suspect that you are under the influence of illegal drugs that will not show up on a breathalyzer, they can book you for DWI. They will need to carefully document their suspicions and make a strong case as to why they moved forward with DWI charges even though you did not blow above 0.08%, but just know that you’re not guaranteed to be in the clear so long as you stay below this threshold.
So if you ever find yourself in the surprising position of facing a DWI charge even though you weren’t above the 0.08 limit, make sure your first call is to the team at Appelman Law Firm. Even if you’re over 0.08, we can help you avoid a worst case scenario and protect your self-interests. For more information, or for questions about your case, give our team a call today at (952) 224-2277.
