If You Blow Under The Legal limit in Fresno, Can You Still Get a DUI?
A series of new drunk driving campaigns going around are starting to bust a long-standing myth by saying that buzzed driving is indeed drunk driving. However, what does this really mean? Does that mean that the legal limit of .08 is just buzzed driving? No, in this case you are classified as drunk. However, what this anti-drunk driving campaign really means is that even if you blow under the legal limit, you can still be pulled over, arrested, and charged with a DUI.
Most people think they can get a little tipsy and still be fine to drive home. However, even if you are below the legal limit, you can still be taken in and charged by police officers. How? Typically when it comes to the arrest, it is all at the officer’s discretion. If you were driving like a saint, you probably won’t be pulled over, but if you are pulled over, rest assured there was a reason for it. If you were swerving or driving recklessly, were pulled over, and you blow under the legal limit, it is within the right of the officer to arrest you if they believe you are a danger on the road.
After the arrest, when you are charged with a DUI, it is up to the prosecutor to prove that, even though you blew under the legal limit, you were a danger on the road. Evidence of this can include everything from road or dash camera footage to how you looked or what you said at the traffic stop.
If you were driving under the legal limit and still got arrested for a DUI, contact us today. A DUI case is never hopeless, so let us help you.