In some cases, during a drunk driving stop, the driver themselves will be surprised if they fail a breath test. They may know that they had a little bit to drink, but they did not think they were very intoxicated. They may have honestly believed that it would be safe to drive – and legal, since they assumed they would be under the legal limit of 0.08 percent.
But there are two problems with this. One is that someone who shows signs of impairment can still be arrested and face charges, even if they are under the legal limit. The second is that many drivers do not actually understand just how impaired they are.
2 main reasons
Studies have asked intoxicated people to gauge their own intoxication and then given them a breath test to check. People often get it wrong, wildly underestimating their own impairment.
One reason for this is simply that alcohol impairs a person’s judgment. Someone who is not thinking clearly may honestly believe they are less intoxicated than they truly are.
But perhaps the main issue is that people tend to consider how drunk they feel compared to those around them. So it all depends on the social situation.
If someone had three drinks in a setting where no one else was drinking, such as a college classroom, they may feel very intoxicated. If they had the same three drinks at a local college bar, where everyone was drunk, they might feel relatively sober. But in both cases, they would likely have an identical BAC, which could lead to impaired driving charges.
Your defense options
Judgment calls like this can sometimes lead to drunk driving arrests. If you find yourself facing charges, be sure you know what legal defense options you have.
