You moved to the neighborhood you’re in today because of its well-known reputation for safety. What you didn’t expect is how often the neighborhood would have parties or events that exposed you to alcohol or drugs.
Recently, you stayed late at a local party, and you decided to drive back. The roads were pretty much void of other vehicles in Naperville, so you decided to drive despite being intoxicated. Of course, knowing that there were parties that night, there were officers in the area who were looking for reckless and intoxicated drivers.
That’s how you ended up pulled over and facing a DUI. The officer gave you a field sobriety test and a breath test. Though you were under the .08% limit, you did not pass the field sobriety test. Now, your freedoms could be at risk as a result of your single mistake.
Can you get a DUI if you’re under the legal limit?
Yes, even though you are under the legal limit, the officer may be able to show that you were intoxicated enough that it was not safe for you to drive. If they can do that, you may still receive a DUI despite not being over the legal limit.
What the legal limit does is create a barrier. It dictates when a person can face a DUI with no further evidence. However, you can still face a DUI if the officer collects evidence against you to show that you were too intoxicated to drive in combination with your blood alcohol content (BAC).
Also, keep in mind that time matters. If the officer pulled you over 20 minutes ago and tests your breath after some time has passed, they may still be able to argue that you were over the legal limit when driving, especially if your BAC is close to .08% when the breath test is taken. This is most common for those with BACs of .07% or .06%, and it is something you can argue against.
What should you do if you’re arrested but had a BAC under .08%?
In that case, it is a good idea to reach out to your attorney to learn more about your options. There may be a strong potential for you to fight the case or to have the charges lowered or dismissed completely. Sometimes, alternative penalties are also available, so that you can attempt to resolve the situation without a conviction and without seeing a serious impact on your future.