Do you have to be drunk to get a DUI?

On Behalf of | Aug 20, 2018 | criminal defense

Going out for a few drinks with your friends is a common activity you enjoy. A night out with friends is a fun way to unwind. But after you have had a drink or two, you might not know if you should drive home. You do not feel drunk but you do not want to risk getting charged with a DUI. Can a police officer arrest you for driving while under the influence even if you are not drunk?

If you are not drunk can you still be charged?

The legal limit to drive after consuming alcohol, as you might know, is .08. However, if your blood alcohol level rises above .08 you might not actually feel drunk. If you drink regularly, you might be accustomed to how you feel when under the influence of alcohol and there is a chance you might not realize you are over the legal limit to drive.

Even if you do not feel drunk, you could still be charged with a DUI if you are pulled over with a blood alcohol content level over the legal limit. Blood alcohol content can vary based on many different factors.

What is blood alcohol consumption based on?

Gender, weight and even age can play a part in how much alcohol it takes to get you to .08. Blood alcohol consumption level can also vary from day to day, meaning the number of drinks it takes you to get to .08 on one day, might not be the same even one day later.

In order for a police officer to pull you over, they only have to have a reasonable suspicion that you are under the influence. The consequences to being charged with a DUI can be severe, even if you are not completely drunk.