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Can you get a DUI if you’re under the legal limit?

On Behalf of | Oct 18, 2021 | DUI Defense

Many people don’t realize that they can be charged with driving under the influence (DUI) even if you were under the .08% limit. Moreover, a charge while under the limit isn’t particularly unusual.

Why are some people arrested while under the limit? The simple answer is because the .08% limit is just the per se limit. An officer only needs to show your Breathalyzer test showed a blood alcohol content (BAC) of .08% or greater to arrest you (and then for you to be charged later). If the officer has proof that you were impaired while below that limit, then you could still face charges.

Drugs are another issue that may cause you to face charges if you are driving at below the .08% limit. That limit only applies to alcohol, so impairment caused by illicit or legal drugs could result in charges against you. That’s something to keep in mind as you think about how the police approach DUIs and why you could get one without even having a drop of alcohol.

Do you need to present a defense if you were under the legal limit?

It’s in your best interests to defend yourself against any charges you face. While you may have been under the legal limit, it’s possible to face a charge and to be convicted with no alcohol in your system at all. Even if you’re taking prescription medications, there is a potential for impairment to lead to a DUI conviction.

A good defense against a DUI charge may help you protect your license and your freedom.



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