It is possible to get DUI charges even when you’re not over the legal limit. An arrest is all but guaranteed if you break that limit, and the court can presume that you were impaired behind the wheel. But it’s definitely possible to be arrested even if you don’t take a breath test – or if you do take the test and your BAC reading is still under the legal limit.
Why would this happen? Let’s look at three reasons below.
Other evidence of impairment
First off, if the officer still believes you are impaired by alcohol, you could be in violation of the law regardless of your BAC level. If you caused an accident or failed the field sobriety tests, for example, the officer could arrest you on those grounds. Don’t assume that you have to fail to get arrested.
Marijuana use
Another thing to keep in mind is that there is not a legally-approved breath test for marijuana, at least not yet. So there is no way for the police to accurately measure your impairment in the same way that they can with alcohol. But if an officer believes that you are under the influence of marijuana, they can still arrest you for impaired driving.
Prescription drug use
Finally, some prescription drugs indicate that it’s illegal to use heavy machinery after taking them. These could include opioids and painkillers. In this context, heavy machinery refers to vehicles, so driving under the influence is still illegal.
Are you facing serious criminal charges? Take the time to look into all of your legal defense options.