Most drivers are well aware that the legal limit for blood alcohol concentration (BAC) is 0.08%. If the police pull you over on suspicion of drunk driving, they may have you take a breath test. If you are at or above 0.08%, the law then assumes that you were intoxicated and too impaired to drive your vehicle.
But does this also mean that a reading of 0.07% prevents you from getting a DUI? Some drivers do look at the test this way, as if it is a pass-fail system. They believe that all they need is a low reading to get out of the charges, even if they have been drinking. But this is not necessarily how it works.
Were you impaired?
The thing to remember is that the law says a person cannot operate their vehicle if they are impaired by a substance they have consumed. The legal limit simply specifies when police officers can assume the driver is impaired. But if someone has shown other evidence of impairment at 0.07% – such as failing field sobriety tests, slurring their speech or causing an accident – then police officers can make an arrest. If you are in this position, officers may still claim that you were impaired, even though your breath test reading is technically under the limit.
The next thing to remember is that you don’t even have to drink at all to face impaired driving charges. Impairment could come from prescription medications, illegal drugs or substances like marijuana. None of these are going to trigger a BAC test result, but they can still impair your ability to drive and may lead to an arrest.
What are your defense options?
A drunk driving arrest can lead to fines, jail time and a license suspension. When facing these ramifications, it’s important to know about all of your legal defense options.