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You don’t have to be over .08% to get a DUI

On Behalf of | Mar 3, 2022 | Criminal Law |

Many people believe that the only way they can get a DUI is if they are over the per se limit of 0.08%. The reality is that you can get a DUI if you have any amount of alcohol in your system, even if you aren’t over the .08% limit. Why? Even a small amount of alcohol can be impairing, and there are other substances that could play a role in your impairment as well.

To start with, think about how much alcohol it takes before you start to feel a buzz. Is it a single beer? A glass of wine? Any time you feel relaxed or buzzed, you should know that you are already impaired. Your response times may be slower than normal, or you may not be as attentive as you normally would be.

If you get behind the wheel of a vehicle and drive, you could be putting yourself at risk of a DUI. If you make a mistake, such as crossing the center line, or fall asleep behind the wheel because you’re so relaxed, an officer may decide to test you with a Breathalyzer and could end up arresting you for a DUI.

Other substances can impact the risk of a DUI

It’s possible for you to have other substances in your body that could lead to a DUI. For instance, if you took an allergy pill that made you feel sleepy and distracted, that medication, even though it is legal, was still impairing your ability to drive safely. It’s possible to face a DUI for taking medications that impact your ability to drive, just as you can face penalties for taking illegal drugs before driving a vehicle.

What should you do if you’re accused of a DUI?

If you are accused of a DUI, it’s your right to defend yourself. Remember that you don’t have to speak to the police. You can wait to talk to them until after you have a chance to discuss your situation with your attorney. You may have options for successfully defending yourself against the allegations that you are facing.