DUI below the legal limit

Question: I was arrested for DUI.  I was below the legal limit of .08.  The officer did not show me the breath test results though, but I know I was.  Does having had alcohol in my system count against me if even if the level is below the legal limit?

Answer: It is possible to get convicted of a DUI even if your BAC level is below .08. Additionally, a person can be charged with a DUI even if there is no alcohol involved (ie. drugs, including certain prescription drugs).  If you are under 21 years old or on probation with DUI conditions the legal limit is no longer .08, it is .01.  Further, if you are a commercial driver driving a commercial vehicle at the time of your arrest, the legal limit is .04.  You can even get a DUI for drugs, both illegal and prescription drugs, without any alcohol in your system.

Further, even if you are 21 or over, not on probation, and no drugs, it is still possible to get charged and potentially convicted for DUI even if your alcohol content level was below a .08.  Sometimes Prosecutors try to argue that your BAC level could have been higher at the time of driving than it was at the time you blew into the breath machine.  That is something that I regularly challenge, and scientific opinions support my arguments.

Feel free to call me at 818-336-1384 to discuss further.  I Defend DUI cases like yours with very good results.


Philip Hache, Attorney, DUI Defense