QUESTION
If you are arrested for DUI and you're under the limit can you be charged?
Asked on Sep 07th, 2013 on DUI/DWI - Oklahoma
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can be charged. There may be other evidence of driving while drugged or intoxicated.
Answered on Oct 14th, 2013 at 3:46 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, you can. In California there are 2 separate sections of Vehicle Code Sec. 23152. Subsection (a) makes it unlawful to drive while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. Subsection (b) makes it unlawful to drive with a blood-alcohol level of 0.08 percent or more. You can be under the legal limit and still be charged with a DUI.
Answered on Sep 10th, 2013 at 5:17 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. You can be charged. You are charged with 2 offenses. Driving with a blood alcohol content (BAC) of .08 or above and driving while your ability to drive was impaired by alcohol or drugs. The State will argue even though your BAC was lower than .08 at the time of test it was higher at the time of driving because you were 'eliminating alcohol'. They will use a spurious technique called retrograde extrapolation to make this determination. Retrograde extrapolation mean backward looking guess. They will say if your BAC was .06 at 10:00 at 9:00 when you were driving, it must of been .08 or .09. This is largely bunk. The State will use your driving and performance on the field sobriety tests to show that your ability to drive was impaired.
Answered on Sep 10th, 2013 at 5:09 AM
Yes, under VC 23152(a), which does not specify a specific BAC level.
Answered on Sep 09th, 2013 at 6:06 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes if your driving has been affected to an appreciable degree. Also, the breath limit only applies to alcohol. You can also be under influence of drugs.
Answered on Sep 09th, 2013 at 6:06 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Of course you can be charged, 2 ways to be found guilty 1st: Chemical Test such as Breath, 2nd Physical manifestations such as slurred speech, inability to walk, physical tests.
Answered on Sep 09th, 2013 at 12:40 PM
Under the limit is really a misnomer. You can still be arrested for "blowing" between .04-.08 this is known as a DUI less safe.
Answered on Sep 09th, 2013 at 12:31 PM
Yes you can be arrested even if you are under the limit, but the DA has to prove the charge with other evidence such as a video showing you failing the field sobriety tests (walking the line; counting backward, etc.). However you have a good chance of beating the charge based of the test. Your lawyer may be able to get the charge dismissed or a least lowered to a lesser charge.
Answered on Sep 09th, 2013 at 12:22 PM
There are a variety of charges, including DUI Drugs (rather than alcohol) Reckless Driving, Actual Physical Control that could apply notwithstanding an on scene breath test that did not exceed the legal limit.
Answered on Sep 09th, 2013 at 9:22 AM