Can I get a DWI if I was under the BAC limit?

His opinion is enough to charge you with the offense. If the matter goes to trial, the prosecution must prove that your driving was impaired, and that your consumption of alcohol was the cause of the impaired driving. They are permitted to use the .07 BAC as evidence pointing to the likelihood that alcohol was the cause. Discuss your case with a skilled OWI (=DUI) lawyer, who can review all the facts in detail and give you more specific and helpful advice. Good Luck.

The police officer's opinion can be enough. The Vehicle Code (Section 23152) has 2 subsections dealing with Driving under the Influence that are most commonly used. Subsection (a) states: "It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle." Subsection (b) states: "It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle." So you can be charged under Vehicle Code Section 23152(a), even if your blood alcohol level is below .08. You should hire an attorney to defend you and possibly have the charges reduced.

In Florida the officer only makes a charging recommendation, the actual charge comes from the States Attorney. If you were a .07 my jurisdiction would not proceed to a trial. They would bluff and dismiss the charge on the morning of the trial or offer a "sweetheart" plea deal.

It's not just the officer's opinion. It's what's in the police report, like the bad driving, the poor performance on the FSTs...etc. Keep in my that you can still be charged with VC 23152(a) and be convicted even when you are under the legal limit. My advice would be to get a DUI specialist, because if convicted you face mandatory jail.

If you got a DUI, it is because you are under 21 and had any alcohol in your system while driving. If you got a DWI, then the argument will be that by the time you took the test, you were going down in the level. (Extrapolation facts will be required.) And, there is a presumption that you are intoxicated at a .08 but there are "experts" who will testify that one is intoxicated at a much lesser level. The question is whether you were intoxicated. Hire an experienced lawyer who can request an ALR hearing - this must be done within 10?days of your arrest.

In California we have DUI instead of DWI. You can get a DUI based on field sobriety test failure alone - in fact most arrests in California are for 23152(a) Failuing field sobriety test and 23152(b) chemical test failure - blood or breath test shows .08% or higher BAC. There is no way your BAC was .7 or you would be dead- but yes you can get arrested with .07 BAC. Some District Attorneys in some counties will not prosecute a .07 others will charge you with a DUI but settle for a Wet Reckless - some will go the distance and try to convict under 23152(a). There are many DUI's where the breath might be .07 but where there is also marijuana or drugs - even prescription drugs that make it a clear DUI. Good Luck! You need to Lawyer up!