mackmiller

am i over legel limit

7 posts in this topic

i was stoped and charged with driving while intoxcated my bac level was .043 is that over legel limit

I think the legal limit is .08 in most places.

But there are generally two ways to get cited for drunk driving.

One is Driving While Intoxicated (DWI) and the other is Driving Under the Influence (DUI).

I think the DWI requires that you blow over the limit and the DUI only requires that you be driving while impaired.

Either way, both are very serious and you should be talking to a lawyer.

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i was stoped and charged with driving while intoxcated my bac level was .043 is that over legel limit

That depends on the applicable sate law and you didn't mention the state. It may also depend on your age, and you didn't say how old you are. In some states, for example, a driver under 21 may be guilty of a DUI type offense with a very low BAC.

Furthermore, understand that in most states, the DUI laws have two parts. One makes it illegal to operate a motor vehicle with a BAC of .08 or more. This the part that most people seem to know about. The other part makes it illegal to operate a motor vehicle while your ability to drive is impaired by drugs or alcohol, no matter what the amount. Thus, in most states, you may still be found guilty with a BAC of .043 if the state can prove you were impaired. This is the part that is less well known, and it gets a lot of drivers into trouble. My advice to clients has always been this: if you want to be truly sure you are safe from a DUI, then do not drink ANY alcohol or use ANY amount of potentially impairing drugs before getting behind the wheel.

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It may depend upon your age and what state you were driving. If under 21 yoa, many states have zero tolerance laws which prohibit a minor from driving with ANY detectable amount of alcohol in their system. Also, most states can prosecute under two different theories of driving while intoxicated. The first theory is driving with a BAC over .08. The second theory does not depend upon your BAC, rather it's whether you have "lost the normal use of your mental or physical faculties."

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Not sure of the maximum permitted in your state. Please know however (as in GA) the "legal limit" applies primarily to roadblock/check-points. If one is pulled over for speeding, improper lane change or any other possible reason a DUI/DWI is permissable (when below .08) due to other "violation". In GA, there have been instances of convictions with BAC of .02 (which easily occurs with only 1 drink). Research your state law.

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Not sure of the maximum permitted in your state. Please know however (as in GA) the "legal limit" applies primarily to roadblock/check-points. If one is pulled over for speeding, improper lane change or any other possible reason a DUI/DWI is permissable (when below .08) due to other "violation".

This is Constitutionally incorrect. I don't care how many seperate violations occurred to authorize a traffic stop, unless the facts warrant a DUI/DWI charge, you can not be so charged.

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