The Law Office of Corey I. Cohen & Associates | State and Federal Criminal Defense Attorneys
The Law Office of Corey I. Cohen & Associates | State and Federal Criminal Defense Attorneys

FREE CONSULTATION Phone Answered 24/7

Virtual Meetings Available

HABLAMOS ESPAÑOL | نتكلم عربي

Trial-Tested, Trial-Ready Attorneys

Corey I. Cohen

BAC less than .08? It may still be a DUI

On Behalf of | Feb 8, 2018 | DUI

Police issue DUIs to keep drivers off the road who pose dangers to others and themselves. In many cases, the driver is clearly over the legal limit. Look at a recent situation in Florida where police arrested a man who claimed to have drunk too much Chardonnay in Cape Coral

However, other cases are not so cut-and-dry. There have been instances where a person took a breathalyzer test, blew under the .08 percent limit and still faced arrest. It is usually up to the police officer’s discretion, but drivers may face arrest for DUI even if they only have blood alcohol concentration less than .08 percent. There are some justifiable instances, such as a person under the age of 21 driving with any trace of alcohol in his or her system. Other cases are more ambiguous. 

Trying to sleep it off

There have been instances where people drove while intoxicated only to realize they were in no condition to drive. They pull over, hoping to sleep it off until they are sober. However, the police show up to check on the person who pulled over to the side of the road. If the police suspect you had excessive alcohol in your system earlier, then they may assume you operated the car while drunk even though you are now technically under the limit. Taking a precaution may not do you any good, so it is best to avoid getting in the driver’s seat period. 

Showing signs of obvious impairment

When people swerve through lanes or exhibit similar behavior, the police may pull them over and arrest them regardless of BAC. In this case, the driver commits reckless endangerment. Having alcohol in your system merely builds upon the charges. Although .08 percent is the legal BAC limit, it has no scientific bearing. A person may feel utterly intoxicated with a BAC of only .05 percent. It is best to know your tolerance and avoid driving if you consumed any amount of alcohol within the last couple of hours. 

FindLaw Network