Blow Under .08 During a Traffic Stop? You Could Still Be Charged With a DUI
Most people associate a DUI charge with blowing a .08 or higher on a DUI breathalyzer test but results below this limit can still lead to charges. Even if your breath alcohol content (BrAC) is below the legal limit, you could face charges based on your behavior, driving patterns, or other evidence indicating impairment.
Here’s what you need to know about DUI charges when blowing a .08 isn’t part of the equation, and how to protect yourself from unexpected legal consequences.
Can You Get a DUI If You Blow Under .08?
Yes, it is possible to face a DUI charge even if you blow under .08 on a breathalyzer during a traffic stop. The .08 BrAC limit is often referred to as the "per se" limit for driving under the influence, meaning it is illegal to operate a vehicle at or above this level of intoxication. However, DUI laws in most states also include provisions for drivers whose abilities are impaired to any degree, regardless of their BrAC levels.
For example, a driver who blows a .05 but exhibits clear signs of impairment such as erratic driving, slurred speech, or difficulty following directions, could still face a DUI below the legal limit if their driving behavior and physical signs suggest impairment. In these cases, observational evidence from law enforcement often plays a significant role.
What If You Blow Under .08?
Blowing under .08 doesn’t guarantee immunity from DUI charges. Officers evaluate more than just breathalyzer results to determine if you’re impaired. Key factors include:
- Field Sobriety Tests: Failing a series of physical or cognitive tests (like walking in a straight line) could suggest impairment.
- Observed Driving Behavior: Swerving, speeding, or failing to obey traffic signals can indicate that you’re not in full control of your vehicle.
- Signs of Intoxication: Bloodshot eyes, the smell of alcohol, and slow or slurred speech can all point to impairment.
States like Utah, which has a lower legal limit of .05, further demonstrate how subjective impairment can result in DUI charges. Even in states with a .08 limit, impaired driving laws allow officers to charge drivers who show signs of intoxication, regardless of their BrAC.
DUI Below .08: What You Need to Know
A DUI conviction when blowing under .08 often hinges on the state’s specific DUI laws. Here are some important considerations:
- Zero Tolerance Laws: Drivers under 21 years old often face stricter laws, where any measurable alcohol in their system can lead to a DUI.
- Commercial Drivers: The BrAC limit for commercial drivers is typically lower, often set at .04, making it easier to receive a DUI.
- Drug Impairment: Even without alcohol, a driver showing signs of impairment due to prescription drugs, marijuana, or other substances can be charged with a DUI.
These situations highlight the importance of understanding your state’s laws and how they apply to various types of drivers.
Can You Get a DUI Under .08?
If you’re still wondering, “Can you get a DUI under .08?” the answer is clear: absolutely. Even when you blow under the legal limit, impairment can still lead to charges. The best way to avoid this situation is to make smart decisions before getting behind the wheel:
- Don’t drive if you’ve been drinking. Even a single drink can affect your reaction time.
- Know your limits. Alcohol impacts everyone differently based on factors like weight, metabolism, and food consumption.
- Use tools like personal breathalyzers. Devices like the Keepr personal breathalyzer can help you monitor your BrAC levels.
Protect Yourself with Intoxalock
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Learn more about Ignition Interlock Devices and how they work:
Schedule Your IID Installation Today
Don’t let a DUI disrupt your life any more than it already has. Choose Intoxalock for your IID needs and take the first step toward getting back on the road safely. Schedule your timely installation and learn why we are trusted by hundreds of thousands of drivers across the country.
Driving under the influence is serious, even when blowing under .08. Stay informed, make responsible decisions, and take control of your journey forward with Intoxalock by your side.
