QUESTION
Can a person be arrested and ticketed if they are pulled over and found to have a BAC under .08 and is older than 21 yrs?
Asked on Mar 30th, 2013 on DUI/DWI - Illinois
8 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes. When a person is arrested for DUI they are usually charged with "driving under the influence" AND "driving with a blood alcohol concentration of .08 or above." You can be prosecuted for driving under the influence, the prosecution will be based upon your driving, "objective symptoms of intoxication," field test performance, other observations and the .07. The prosecution will not get a presumption of impairment due to you being below .08, however these cases can be taken to trial, and won, by zealous prosecutors. You should contact a DUI attorney within 10 days of your arrest to discuss the facts and possible defenses that may help you avoid criminal conviction.
Answered on Apr 09th, 2013 at 7:45 PM
Michael J. Breczinski
Well in Michigan they can be charged with impaired driving which does not have a lower alcohol amount for it. It is a lesser offense of drunk driving.
Answered on Apr 02nd, 2013 at 7:34 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes. Even though you BAC was below .08, you can still be charged with a DUI.
Answered on Apr 02nd, 2013 at 1:41 AM
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In Colorado, the short answer is yes. Officers only need probable cause to arrest you; this is substantially lower than the standard that the government must prove in court, which is beyond a reasonable doubt. Being arrested for DUI does not mean you are guilty or that the government would be able to prove its case against you. Contact a local DUI attorney to fight these charges, you may have a good defense to a DUI action both in court and with the DMV.
Answered on Apr 01st, 2013 at 9:42 PM
Yes, you can still be cited for VC 23152(a), which isn't BAC-specific, and is just as serious as an alcohol DUI.
Answered on Apr 01st, 2013 at 9:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes it is quite possible, if one is driving erratically and it is determined that may have been a function of drinking, then it is possible to arrest and charge even though there is a blood alcohol less than .08.
Answered on Apr 01st, 2013 at 8:19 PM
Criminal Defense Attorney serving Irvine, CA
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William M. Weinberg, A Law Corporation
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Yes, if they drove a car while intoxicated in any amount. They would be charged under 23152(a) and it could be alcohol or prescription drugs that caused impairment.
Answered on Apr 01st, 2013 at 8:13 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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For a DUI, yes.
Answered on Apr 01st, 2013 at 8:04 PM