Why BAC under .08 Does Not Matter

Can I Be Convicted of DUI if My BAC is Less Than .08%

It might surprise you, but yes. You can be convicted of drunk driving even if your blood alcohol content (BAC) is less than .08%. Having a .08% BAC makes it easier for the district attorney or other prosecutor to prove your guilt, but a .08% level is NOT required for a DUI conviction.

And, here's why a .08% BAC is not necessary:

Being Arrested for Drunk Driving May Surprise You

Many folks enjoy a few bottles of beer or a drink, while watching the game or at happy hour, and not realize that their driving has been impaired or that they've reached the legal .08% limit.

Is BAC Testing Always Conclusive?

Surprising to most folks, BAC testing is not always accurate. The equipment can be faulty, mistakes in administration can be made, and results can be reported incorrectly.

In addition, maybe the police officer didn't even follow proper stop procedures and your BAC evidence will be thrown out.

If you have been arrested for DUI and your BAC measures in the "guilty" range of .08% or above (for adult regular drivers), don't count yourself out. A mistake may have been made by the police officer, BAC measuring equipment, or by the court.

But, I Only Had One Drink!

Your driving can be impaired with just one drink, especially if you haven't eaten; however, maybe something else has gone wrong, causing the BAC test results to be inaccurate.

For example:

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