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BAC was under the Legal Limit, Can I still be charged with DUI?

When it comes to DUI and drinking and driving, the general rule is that it is best never to mix the two. But let’s say you had a drink or two earlier in the night at dinner, you are not drunk, not even impaired, and you decide to drive home. You may not be impaired, but you still have alcohol in your system. If a police officer pulls you over for any traffic violation and asks you to perform a breath test, your cooperation could land you in some unexpected, yet significant trouble. Because there is still alcohol in your system, it will register on the breathalyzer, and even if you blow below the legal limit of .08, there often times are consequences as the police will moved forward with the arrest and the charge.  So what exactly happens when you blow under the legal limit and how can you respond to any subsequent charges? The drunk driving defense team of Bruce Robinson & Associates has the answers you’re looking for!

Under the legal limitLow Blow: Can You Be Charged with a DUI Anyway?

Depending on the circumstances, an under-the-limit breathalyzer test does not remove the chances of your being charged with a DUI. In fact, such a low blow many times does not factor into law enforcements decision to charge the DUI; they do it anyway. After all, you’re at the station, they are at the station, they need to keep their numbers up, you just blew a .05 and your driving and field tests were not perfect (or you would not be there). Thus, their position is, we’re all here and I don’t want the brass to think I dragged somebody in here for no reason so I’ll just charge you anyway (and cover my butt). Individuals have been charged and even convicted of driving under the influence even when their blood alcohol content was substantially under a .08; the arresting officer in such cases was able to cite enough evidence to convince a conservative judge that the individual was too impaired to drive safely. This can and does happen, which is why you have DUI exposure anytime you are charged, even with a low blow.

How to Tell If My Blood Alcohol Content Will Be Under .08?

Generally, without the formal test you won’t know whether your BAC will be under .08.  (Though you could go to Brookstone or Amazon to buy a personal breath device- not a bad investment if you desire to stay on the right side of the law!) The content itself can range widely from person to person: weight, type of alcohol consumed, time of consumption, and speed of absorption can all drastically affect what level your content reaches. Because there is no way to know for sure without some form of test (even your own self test), you may end up performing a breathalyzer in good faith, only to discover that a below the legal limit -.08 BAC result still leads to trouble.

How Can I Fight an Unfair DUI Charge?

If you blow under a .08 on a breathalyzer and were charged with a DUI, you need to retain experienced DUI counsel quickly. In some regards it is more important for you then in other situations where the BAC is higher because your case MUST BE fought in court! All the normal penalties still apply so successfully fighting your case, and not pleading it out, becomes very important. Contact Bruce Robinson & Associates today for an immediate and free consultation.

Bruce Robinson & Associates

Bruce Robinson & Associates is a DUI and criminal defense law firm based in Baltimore, MD. If you have been accused of a DUI or other criminal actions and need to seek aggressive counsel, Robinson & Associates is here to help. For more information and to schedule your free consultation, give Robinson & Associates a call at 443-524-7395 or visit us at You can also follow us on Facebook, Twitter, and Google+.

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