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DUI Under Legal Limit

Getting to know the numbers game

Did you know that you may be arrested for DUI/DWI if your blood alcohol content (or BAC) is under the legal limit of .08%? Yes, you read that right. Depending on your state’s specific DUI/DWI laws, it’s possible to be arrested and charged with drunk driving even if your blood alcohol content is under the legal limit. For those of you scratching your heads wondering how this is possible, be sure to keep reading. If this hasn’t already affected you or someone you know, it’s possible that it will in the future!

In certain states, a police officer may arrest a person for DUI/DWI if they exhibit signs of intoxication. For instance, if a police officer noticed a car swerving in and out their lane, they may pull the vehicle over and may initiate a DUI/DWI investigation. During this investigation, the officer may give the driver a breath test. Even if the driver “passes” the breath test by being under .08%, the officer may still make a DUI/DWI arrest if they feel the person showed signs of drinking alcohol. This may include everything from smelling alcohol to observing erratic behavior. This offense is considered a “less safe” DUI/DWI.

While .08% is the legal limit in every state, there are other factors that determine legal limits. For example, if you are under the legal drinking age of 21 and your state has “zero tolerance” laws, your BAC limit may be as low as .02%. Also, if you’re a commercial driver, your state may impose a BAC limit of .02-.04%. In these types of scenarios, being arrested for DUI/DWI has nothing to do with how intoxicated you are. Rather, it’s just a numbers game.

In reality, though, it’s not a game when you’re arrested for DUI/DWI. Even though they vary, the penalties are severe in every state. This is why it’s so important to hire an experienced DUI/DWI defense attorney to represent you. Remember, an arrest is not a conviction, so don’t throw in the towel just yet. You must fight for your rights and your future!

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