“Drunk” is a subjective term. You might not feel drunk, but the police can still arrest you and charge you with driving under the influence (DUI) if they believe you are. Who you are and what you are doing at the time play a role in when they can do this.
If the police see you or say they see you driving in a way that suggests you are under the influence of alcohol, they can give you a DUI. They can do that regardless of whether or not you take a Breathalyzer test. They can also use field sobriety tests, such as making you walk in a straight line, to do so.
Asking you to blow into a Breathalyzer makes it easier to bring charges
If a police officer gets a positive reading from you on a breath test, it gives them empirical evidence. They can go to the court and say, “Look, this impartial machine says the person I charge was over the legal limit.” You can still challenge a DUI based on a failed breath test, but it is more difficult.
What is the Breathalyzer limit?
For most people, 0.08% blood alcohol content (BAC) is the number you need to come in below to avoid an automatic DUI. Remember, the police could still charge you even if you come in lower by claiming they saw you driving poorly. Others face lower limits:
- Under 21s:0.04% BAC
- Commercial drivers: 0.04% BAC
- Anyone in control of a school vehicle or school bus: 0.02% BAC
DUIs come with significant consequences, yet there are many ways to fight them. Find out more about your DUI defense options.