DUIs are usually avoidable, but yet people are stopped and arrested every day. The truth is that the authorities are waiting to see people make mistakes on the roads. When they do, they can check their blood alcohol concentration. Even if your BAC is below .08%, you could still end up facing charges.
Yes, it’s a common myth that it requires a BAC of .08% to be arrested for a DUI. In fact, .08% is just the per se limit. What that means is that the officer needs no further evidence than your BAC to hold you accountable if it’s .08% or higher. On the other hand, a lower BAC could be indicative of drunk driving if there is enough additional evidence to support the claim.
How does noticeable impairment play a role in DUIs?
Noticeable impairment happens when you are clearly impaired when others observe your actions. For example, if you’re struggling to stand up and walk straight due to intoxication, others are likely to notice.
Can only alcohol lead to a DUI?
No, and that’s an important note to mention. A DUI doesn’t have to be based on alcohol impairment. You can also face a DUI for prescription drug use or illicit drug use. If you are under the influence in any way, then you are likely to be considered impaired and may be arrested by the officer at the scene.
Our website has more on DUIs and what you should do if you’re accused of one. You’ll want to do all you can to fight back and protect your interests.