Getting a DUI means being impaired while driving. In some cases, the police try to prove this impairment by showing that you failed field sobriety tests or something of this nature. But it is very common for them to give you a breath test to measure your blood alcohol concentration (BAC). If it is at 0.08% or higher, then they are allowed to assume that you are impaired.
But what if they give you that test and your blood alcohol concentration is not over 0.08%? Maybe it’s close, showing that you did have something to drink, but you didn’t exceed that level. Does this mean that the police are not going to be able to give you a DUI, or could you still face serious ramifications?
You could still be impaired
The thing to remember is that you could still be impaired by alcohol, even if you don’t hit the legal limit. The police can then turn to other tactics to show that impairment, as noted above. They can’t necessarily use your BAC against you, other than proving that you had some alcohol in your system, but don’t assume that it shields you from DUI charges. You could still be arrested and charged.
What this will do, however, is change how you approach it in court. You may have more challenges to the DUI charges since they don’t have that high reading for your blood alcohol concentration. Make sure you know exactly what steps you can take. A DUI can have a big impact on your future, and you need to know what options are at your disposal for a defense.