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Criminal Defense From A Former Prosecutor

You can face DUI arrest with a BAC lower than 0.08

Today, the legal blood alcohol concentration level in every state is 0.08. It is incredibly easy to go over the limit. It only takes a 25-year-old woman who weighs 130 pounds to consume three mixed drinks over a span of two hours to have a BAC over 0.08. 

A lot of people assume that if they only have one or two alcoholic beverages over the course of an evening, they do not have to worry about a DUI. However, the police can arrest you for DUI even if your BAC is under 0.08. It is up to the police officer's discretion and how much of a danger the driver appears when determining whether the motorist should go to jail. 

Behavior is critical

The police need to have a reason to pull you over. You may have swerved between lanes or exhibited other behaviors that suggest you are not in the right state of mind. The officer will pay attention to how you act during your conversation. If you slur your words or have trouble getting your license and registration, then the officer may ask for you to take a field sobriety test. A breath test may reveal your BAC is lower than 0.08 but still higher than 0.00. The officer can use this to suggest you are still a danger to others and place you under arrest. 

Charges on the table

When your BAC is lower than 0.08, it is possible you will not end up with a full DUI charge. The prosecution for your case may reduce the charges to spend less time in court. Some possible charges you could end up with include exhibition of speed, dry reckless or wet reckless. In the event the court convicts you of any of these charges, the DMV will still suspend your license for some time. Installing an ignition interlock device may also be part of the punishment. 

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