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.
You may think that it’s extremely uncommon for a person to get charged with a DWI if they blow under a 0.08, but that’s not true. In fact, we recently helped a client earn a dismissal after they were charged with a DWI in this exact scenario. Here’s what they had to say when they left a review on our Google Business page.
“After being arrested for 4th degree DWI (BELOW the legal limit of 0.08) I was confused, in denial, and completely unsure of what to do next or how this would impact my life. Fortunately, I was referred to Appelman Law Firm. Within 15 minutes of contacting their website, I received a phone call from Eric Doolittle. Eric took the time to explain the criminal process and what the next steps I need to prepare for. More importantly, Eric listened to all my concerns and answered all my questions thoroughly, significantly reducing my anxiety following my arrest.
Without hesitation, I retained Eric to help with my case, and I am grateful I did so. Eric helped me through every step of the process, from arraignment to pre-trial hearings. Through Eric’s expertise & guidance, I never felt lost or confused. He was always available, via phone call or text message, and responded immediately whenever I had questions. Mindful of my desire to resolve my case without going to trial, Eric diligently worked with the prosecutor and was successful in dismissing the DWI charge! I would highly recommend working with Eric or Avery!”
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.