Can you receive a DUI with a BAC under the limit?
It is possible to receive a DUI with a BAC under the limit
Most people would assume there is no way to receive a DUI if your blood alcohol content is less than .08%, but that it not accurate. There are a few different scenarios where you could receive a DUI or a DWI when you haven’t reached the limit.
If you drive with any trace of alcohol in your system and you are under the age of 21, you can be guaranteed with DUI, even if your BAC level is at .01 percent.
In some states if you are transporting children in your vehicle and have been drinking you can receive a DUI or a DWI.
If you are ever pulled over for driving impaired with a BAC level near or around .08 percent, a prosecutor could argue that your BAC level fell before the sample was taken. A jury will not usually give you a lot of grace if you were at .06 or .07 percent, especially if you broke other laws.
Anytime you are considered a hazard because of impairment from alcohol, you could be given a DUI. Taking a few pain pills with a glass of wine and driving, may be considered driving noticeable impaired even if your BAC level is less than .08.
Considering all factors, it is a good idea to think twice before you drive at all after you drink. If you are impaired in any way or could be endangering others around you, it is not worth it. Consider hiring a taxi service or asking a friend to drive you home.
Make sure you visit our blog on drinking and driving for more safety tips.