Can I Get a DUI without a BAC Level of 0.08 Percent?

If a law enforcement officer suspects you of driving under the influence (DUI) of alcohol at your traffic stop, they may ask you to blow into a breathalyzer device. This device is used to measure your blood-alcohol content (BAC) level, which essentially shows the amount of alcohol in your bloodstream. At both the state and federal levels, a BAC of 0.08 percent or higher may constitute a valid DUI charge. On that note, please follow along to find out whether you can get a DUI without a BAC level as high as 0.08 percent and how one of the proficient Clarksville DUI lawyers at Fendley and Birch can help you understand your rights at this time.

In Tennessee can I get a DUI without a BAC level of 0.08 percent?

Even though the legal BAC limit for drivers is 0.08 percent, you may be surprised to learn that you can still be charged for a DUI at a lesser percentage point. This is because Tennessee law holds little to no tolerance for impaired driving. So, even with a BAC level of, say, 0.05 percent, a law enforcement officer may have found you operating your vehicle with poor judgment and motor skills. This may have been to the point that you were visibly putting other drivers on the road in immediate danger, unfortunately.

What’s more, you may not only get a DUI for driving under the influence of alcohol but also for driving under the influence of drugs. This is to say that your BAC level may not detect all or most drugs in your system. But it is just as illegal to get behind the steering wheel if you have partaken in, say, cannabis, cocaine, or prescription opioids.

Can I get a DUI without taking a breathalyzer test?

Say, for instance, that a law enforcement officer did not request that you submit to a breathalyzer test during your traffic stop. Therefore, they did not gather that your BAC level was 0.08 percent or higher.

However, you may have consented to a vehicle inspection. In this inspection, an officer may have found evidence of your being under the influence of alcohol or drugs. For example, they may have found open containers of alcohol in your passenger seat or drug paraphernalia in your glove compartment. In an instance such as this one, they may still have grounds to charge you with a DUI.

With this, it is worth mentioning that you should not refuse a breathalyzer test to avoid being detected above the legal limit. This is because such a refusal may lead to more legal complications down the road. Plus, as explained above, an officer may still find enough supporting proof to convict you of a DUI,

At the end of the day, what matters most is that you retain strong legal representation to get you through this critical case. For this, please contact one of the competent Montgomery County criminal defense lawyers from Fendley and Birch today.