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June 9, 2020 by MatadorAdmin

DUI Guidelines: What BAC Is too High?

If you had a couple of drinks and were pulled over by the police, you may be wondering what the chances of a DUI charge are. After all, even if you are arrested for a DUI, you have to wait for the prosecutor to file formal charges. If you’re worried about a DUI charge, in most cases you will be worried about your blood alcohol concentration. Here is what you need to know about the legal BAC limit while driving.

What Is the Legal BAC Limit?

In all states, you cannot have a BAC of .08 or above. If you take a breath test, then you are automatically charged with a DUI in most states. Any driver who has this BAC is considered intoxicated under the law. In most cases, it does not take more than this number to arrest a person for DUI. However, it is not the only consideration. Even if you test above the legal limit, odds are the cops will still have you perform a field sobriety test. In fact, these tests normally come before the breath test.

Can You Have a Lower BAC?

What if you had a .06 BAC when you were tested behind the wheel? Are you automatically off the hook? The answer is no, you are not. You could still face charges. The first rule is that no matter what your BAC is, if you are a minor under the legal drinking age, then you will automatically face a DUI charge, no matter the BAC.

Now, if you are not a minor, then you still may have to face charges. The officer has to prove that you are driving impaired. For instance, say that you had a .06 BAC. This is below the legal limit, but the police pulled you over because you were driving erratically or because you could not stay in your lane. When the officer asks you to a field sobriety test and you fail it, then you may still face charges of driving while under the influence.

DUI convictions have a variety of serious penalties. Even if you are a first-time offender, you could be up against a number of different penalties ranging from fines to jail time. No matter your DUI charges, if you are facing a conviction, then it is crucial that you make an appointment with an attorney, like a DUI attorney from The Law Firm of Frederick J. Brynn, P.C., as soon as possible to weigh out your options.

Filed Under: LA Personal Injury Law

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