A blood alcohol concentration of 0.08 is the nationally recognized legal limit, but did you know that you can still end up with a DUI even if your BAC isn’t above this threshold? It’s true. In fact, there are a few different ways you can still be charged with driving under the influence of alcohol even though your BAC is not above the 0.08 limit. We explain three such situations in today’s blog.
DUI Below 0.08
There are three main situations where a person can be charged with driving under the influence of alcohol despite not having a BAC above the standard 0.08 limit. Here’s how:
1. Officer Determines You Are Under The Influence – The law states that it is illegal for a person to operate a vehicle while under the influence of alcohol. “Under the influence” means that your normal capabilities are compromised as a direct result of the alcohol consumption. As such, if you are showing signs that your judgment or physical capabilities may be impaired, you can still be arrested for DUI even if you aren’t above 0.08. If you have slurred speech, poor balance, delayed reaction times or have been seen struggling to drive in a normal or safe manner, all of this evidence may be used to argue that you were operating a vehicle while intoxicated. Alcohol affects everyone differently, and while there are likely people out there who could operate a vehicle safely above 0.08, there are also those out there who may be so impacted by just one alcoholic drink that they would be considered under the influence if they got behind the wheel, even if their BAC wasn’t above the standard threshold. Just know that blowing a 0.76 doesn’t mean you’re in the clear if the officer feels like they have enough evidence to suggest you have been so affected by alcohol that a DUI charge is still warranted.
2. CDL Operator – A person operating under a commercial driver’s license is subjected to a different standard when it comes to the legal amount of alcohol allowed in their system. Their legal BAC is half the normal standard, meaning they can be charged with a CDL DUI if their blood alcohol concentration is above 0.04. If you’re operating a commercial vehicle on the road, know that just one drink could potentially put you over your legal limit.
3. Under 21 – Finally, you can also be charged with driving under the influence of alcohol if you have any amount of alcohol in your system if you are under the age of 21. Anyone under 21 is not held to the same 0.08 standard as someone who is of legal drinking age. For a juvenile, one alcoholic drink will put them over their legal limit. Drinking alcohol underage is already risky, but getting behind the wheel after doing so is incredibly unwise.
No matter how you earned your DUI, the team at Appelman Law Firm is here to help. We can build a strong defense and work towards beating the charges or ensuring you avoid a worst case scenario in court. For more information, reach out to our team today for a free case consultation.
