If you need specific legal advice regarding a pending criminal charge, I'd recommend you privately consult with an attorney. If you cannot afford an attorney, the court may appoint you one payable at the public's expense as long as you meet the eligibility requirements. Speaking generally, there is no actual "legal limit" to driving while under the influence of alcohol. The term "legal limit" usually just differentiates between different potential misdemeanor charges and is traditionally the minimum level before a person is charged with a severe offense, operating while intoxicated. Even though a person's alleged blood alcohol limit is below a .08, they still may be charged with several potential misdemeanor charges. These charges include Operating while Impaired, which is a lesser-included offense for driving while intoxicated. A person may be charged with this offense if they have any traceable alcohol in their system and if that level of alcohol impaired their driving. Further, a person could also be charged with Reckless Driving, regardless of whether alcohol was allegedly involved. Anyone charged with a moving violation should strongly consider retaining a lawyer to assist them. They need to know their rights.
Answered on Feb 06th, 2012 at 12:08 PM