Charlotte Criminal Lawyer Blog
Can I Be Charged With DUI if My BAC is Below the Legal Limit?
One minute you are driving along as usual, and the next you are being pulled over by law enforcement for a traffic violation. Suddenly, it seems as if you are being accused of DWI, driving while impaired. In an instant, you are trying to defend yourself, while you could face some serious penalties if you are found guilty. It is helpful to understand the laws regarding DUI and how to defend yourself if you are charged with DUI in North Carolina.
What is Driving While Impaired?
It is helpful to understand the laws regarding driving while impaired. Impairment is a “noticeable, measurable reduction in mental or physical capacities due to the consumption of alcohol or drugs.” North Carolina law defines impaired driving as driving while under the influence of an impairing substance or after having consumed sufficient alcohol that the driver has a blood alcohol concentration of 0.08% or higher. Any amount of a Schedule I controlled substance is also considered driving while impaired. Impairment is measured in two possible ways, including through observation or testing.
You Can Still Be Charged With Impaired Driving
You will be charged with DUI if your BAC is 0.08% or over. But you may also be charged with driving while impaired even if your BAC is lower than that. That is because law enforcement also utilizes observation techniques to determine potential impairment. The main focus is on a driver’s mental or physical capacities. Observation of things such as speech or slurring words, staggering or walking difficulties, poor coordination, and poor driving, such as failure to maintain your lane or failure to obey traffic signals or signs, among other things.
Importantly, police officers may also administer standardized field sobriety tests (SFST). There are three main SFSTs, including checking eye movements (horizontal gaze nystagmus test), the leg stand, and the walk and turn test. These tests are given by officers who have specific training in the evaluation of the results. Law enforcement may arrest a person on suspicion of impairment even though the driver’s BAC is below the legal limit. A person may still show signs of impairment regardless of the amount of alcohol or drugs they have consumed.
Defending DUI Charges
If you have a BAC below the legal limit but were charged with DUI, there are some options for defending the charges. You may provide the results of BAC or drug testing to prove that you were below the legal limit. In the case of alcohol, you must be at 0.08% BAC or below. For drug consumption, you must have no Schedule I drugs in your system. You are allowed to get your town testing done, which is something you and your attorney may need to consider. This must happen at the time of arrest, so it is important to contact your attorney as soon as you are arrested. Your lawyer will help guide you through the process and will help to gather the type of evidence you need to defend the charges.
If you have been charged with impaired driving, you need to act quickly. Call our skilled criminal defense legal team today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/blood-alcohol_content_(bac)
https://www.merriam-webster.com/legal/horizontal%20gaze%20nystagmus%20test
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