If your blood alcohol concentration measures at or above 0.08%, you can be arrested on impaired driving charges. This could happen if a police officer gives you a portable breath test, and it can also happen if they give you a Breathalyzer at the station, or if they take a urine test or a blood test. These work in slightly different ways, but they all measure the percentage of alcohol in a person’s bloodstream.
It is important to be aware of the 0.08% legal limit. If a driver exceeds this limit, the legal system assumes they are impaired. The driver may claim that it didn’t affect their driving, but they still fit the legal definition of impairment. After all, alcohol affects people in different ways. A chronic drinker may not feel as impaired, but once they cross that line, a DUI arrest can happen.
Impairment under the legal limit
But the key thing to remember is that the law doesn’t just prohibit breaking this legal limit. It prohibits impaired driving.
For instance, say that the officer sees you heading the wrong way on a one-way street. You’ve made a critical driving mistake. If your BAC is 0.06%, the officer may still point to the wrong-way driving as evidence of impairment. They can arrest you on DUI charges because they know there was alcohol in your system and it was affecting how you drove your car.
Additionally, drivers can face impairment charges even if they haven’t consumed alcohol at all. Impairment could come from prescription medications, illegal drugs, medical marijuana or many other sources.
If you do find yourself facing impaired driving charges, be sure you understand all of the legal defense options at your disposal.