One of the most important things for every person to never do is drive while intoxicated. This is one of the leading causes of car accidents, and it is incredibly reckless and irresponsible. However, being a responsible driver is more than just avoiding driving when you are intoxicated. You should always evaluate whether you are in the proper state to drive before you get behind the wheel. Physical injuries, poor perception abilities, or even emotional distress can make you just as unsafe a driver as a few cans of beer.
You may have heard that it is possible to get a DUI even when your blood alcohol content is below 0.08. Is there any truth to this? Indeed, it really is possible to be charged and convicted of a DUI without being over the legal limit. This may be surprising, but that is why it is so important for everyone to fully understand the laws.
The Legal Limit
The law states that it is illegal to drive while having a blood alcohol content level above 0.08. This is the legal limit. However, that only refers to one of the two laws that govern intoxication and driving. There is a second law that states that no one should drive while impaired to the degree of it being unsafe.
This means that, for example, if you are especially susceptible to being affected by alcohol, you could be charged with a DUI for being too intoxicated to drive with a blood alcohol content level of 0.05. Or, as another example, you could be charged with a DUI for driving after getting high. There is no easy measure of how high someone is, which is exactly why this second law exists. It covers the loopholes and the strange cases to ensure no one ever drives when it is unsafe to do so. Keep in mind that the second law is subjective, which means the arresting officer gets to decide what counts as “unsafe impairment.” It is always a good idea to err on the safe side.
It is also important to note that the 0.08 limit is only for adults. For anyone who is under the legal drinking age, it is illegal to drive with a blood alcohol content level above 0.00. This is another way someone could receive a DUI with a blood alcohol content level below 0.08. If you ever are charged with a DUI, the very first thing you should do is contact a lawyer, like a DUI lawyer from The Morales Law Firm.