Many people know that you can get a DUI if you are over the legal limit: A blood alcohol concentration (BAC) of 0.08%. They believe that this limit is what decides whether or not you will be charged. If you are over it, you get a DUI. If you are under it, the officer lets you go.
But this is not how it works. The legal limit is in place for a reason, and the court can presume that you were impaired if tests show you were over that limit. So it is important to the case. But being under the limit doesn’t get you out of the charges – and you can certainly be arrested, even if you are below that line.
Not all drivers have the same limit
For one thing, underage drivers have a much lower limit of 0.02%. This is due to zero-tolerance laws. Because it is illegal for someone who is under 21 years old to purchase, possess or consume alcohol, they do not need to demonstrate a high blood alcohol level to be charged. The presence of any alcohol at all can be enough for an arrest.
On top of that, commercial drivers have a limit of around 0.04%. It is easier for a semi-truck driver to get arrested.
Other signs of impairment
On top of that, the police do not need you to fail the breath test to arrest you. They may spot other signs of impairment, making the arrest permissible. For instance, maybe you failed field sobriety tests or perhaps you caused a car accident. A BAC of 0.07% doesn’t mean the officer won’t arrest you.
If you do get arrested, then it is important to know what legal defense options you have.