Menu
steven j. moore criminal defense & Personal injury attorney

Call For A Free Consultation 225-767-7778

20 Years of Experience Personal Dedication
You Can Count On

Can you be charged for a DUI when you're under the legal limit?

You may think the only way the police can arrest you for driving while intoxicated is if your blood alcohol concentration (BAC) is over 0.08 percent. The truth is that any kind of negligent driving that is a result of any level of intoxication could result in a DUI.

Even if you're only driving buzzed, it still isn't okay if that buzz is making you a danger to others. Noticeable impairment puts you at risk of a DUI. Why? You could have combined prescription drugs with alcohol, for example, which would be enough for a charge for driving under the influence of drugs if you were intoxicated and clearly impaired. Your BAC doesn't have to be over 0.08 for that charge to stick.

How can the prosecution pursue a charge if you weren't over the limit?

Of course, if your BAC was not over 0.08, it is harder for the prosecution to make a case stick. If your BAC was close, however, the prosecution may argue that you were illegally above the limit but that the passage of time during the stop was enough to drop your BAC to under 0.08.

The judge and jury couldn't penalize you if you were under the limit, right?

Even when your BAC is below the limit, the judge and jury may still penalize you. Drunk or drugged driving holds a heavy stigma in the state, so it's important that you protect yourself and your reputation. Your attorney can help you define a solid defense against the charges, so you can focus on your future and not on unfounded allegations.

Source: FindLaw, "BAC Below 0.08%? It Can Still Be a DUI," Aditi Mukherji, JD, accessed June 02, 2017

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy