A lot of people have a drink or two when they go out, even if they know they have to drive their vehicle afterward. The law does not say you can’t, although drivers aged under 21 are not allowed to drink at all.
What the law does prohibit is driving while impaired by alcohol. Drivers often make the mistake of just thinking about the BAC limit. They believe that as long as they stay under this, they will be fine, even if they do get stopped.
It’s hard to do accurately
Many people end up in trouble because their estimate of their sobriety was inaccurate. They thought they were legally under 0.08% blood alcohol concentration (BAC), but ended up testing over that. This could be for various reasons, including the following:
- They did not realize how strong the drink was.
- They did not realize how large the drink was.
- They did not consider alcohol already in their system.
- They miscalculated how fast their body processes alcohol.
Another reason people often get it wrong is that they try to judge their sobriety by comparing themselves to others. Feeling sober in comparison to everyone else is no guarantee that they are sober enough to drive.
Impairment does not require being over the limit
If the police notice something in the way a person is driving that suggests they are impaired – for example, failing to steer a straight line or driving in a stop-start manner– that alone may be enough to secure the conviction, even if the tests show the driver was under the limit. The limit is just the mark at which impairment can automatically be assumed.
Anyone can make a mistake. If you have been arrested after thinking you were safe to drive, it is important to evaluate whether you were mistaken or you were actually fine to drive, and it’s the police officers who got it wrong. Either way, with legal guidance, you may discover there are ways to contest the DUI charges you face.