Can you Be Arrested for a DUI Even if Your BAC is Under the Legal Limit?
- April 12, 2021 2:27 pm
- Written by admingl
- Categories: Drinking & Driving | Drugs | DUI | Legal Advice | Practice Areas
We all know that drinking and driving can lead to a DUI charge. But one common misconception we run into is that you cannot be charged and arrested for a DUI is under the legal limit.
In addition to being over the BAC limit, there are other circumstances that could land you a DUI charge. The laws in most states have terminology that also defines a DUI as being under the influence of alcohol or drugs to the degree that it limits their ability to drive safely.
In other words, anyone can be charged with a DUI if they are under the influence of drugs or alcohol, and the officer on scene determines that their ability to drive has been impaired (even if their BAC is under the legal limit).
This determination may be made based on observing your driving, a field sobriety test, or other observations, such as slurred speech.
This unfortunately makes DUI charges highly subjective in some situations. If you have been charged with a DUI but were under the legal limit prescribed under state law, give our firm a call to discuss your options. Our DUI defense lawyers are experienced in successfully defending DUI charges and have a strong track record of getting results.