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- Can You Be Arrested for a DUI If Your BAC Is Below 0.08?
- How Lawn Enforcement Identifies Impaired Drivers
- What You Should Do If You Are Arrested
Driving under the influence (DUI) or driving while intoxicated (DWI) are serious offenses that can lead to serious accidents or death. Due to the severity of crashes that involve drivers who are under the influence of alcohol, states enforce strict penalties for drivers who are arrested for DUI and DWI charges, including:
- Loss of license
- Fines
- Criminal record
- Jail time
State highway patrols and police officers are extensively trained to identify and pull over drivers who appear to be intoxicated. While there are a number of field tests that officers run and signs they look for when determining if a driver is under the influence, the driver’s Blood Alcohol Content (BAC) is considered one of the most substantial pieces of evidence.
Blood Alcohol Content is the percentage of alcohol in a person’s bloodstream, measured by the number of grams of alcohol per 100 milliliters of blood. The legal limit in Missouri (and every state except for Utah) is 0.08 BAC. The existence of this firm limit can lead many drivers to wonder if they can still be arrested even if their test results show that they have a BAC below 0.08.
Please keep reading to see if you can be arrested for a DUI if you are under the legal limit and learn more about the signs police officers and state patrol officers look for when assessing a driver’s impairment.
Can You Be Arrested for a DUI If Your BAC Is Below 0.08?
Yes, you can be arrested for driving while intoxicated even if your breath test shows that you have less than a 0.08 BAC. Let’s look at the different parts of a traffic stop that factor into a potential DUI arrest.
While each stop may differ depending on the situation, we will reference the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Test Manual as the general standard for traffic stops. According to the NHTSA, there are three phases of DWI and DUI detection that law enforcement uses to identify and arrest intoxicated drivers:
The driver’s operation of the vehicle
This is where an officer must first establish grounds to stop the vehicle. Activities such as speeding, swerving, weaving between lanes, nearly striking an object or vehicle or other reckless driving activities will quickly catch an officer’s attention and can initiate a stop.
Personal contact with the driver
Once the driver has been stopped, the officer will begin to observe any visible signs of alcohol use and impairment with the driver. These signs can include, but are not limited to:
- Bloodshot eyes
- Slurred speech
- The odor of alcohol, drugs or cover-up scents
- Flushed face
- Trouble handing over documentation
Some of these signs can be caused by other circumstances besides alcohol or drug use, like a medical condition or medication. A prepared officer should be able to eliminate these causes through a few simple questions.
Pre-arrest screening of the driver
Once the officer has observed enough signs to suspect alcohol use, they will likely ask the driver to step out of the vehicle to perform validated Standardized Field Sobriety Tests. The Horizontal Gaze Nystagmus, walk and turn, one-leg stand and preliminary breath test are used to find further signs of impairment.
This phase of identification is where confusion can arise surrounding a driver’s BAC level and grounds for an arrest. The breathalyzer test is one part of the evidence used to create a probable cause. However, the preliminary breath test is not the only indicator of someone’s impairment, as impairment can vary from driver to driver.
Breathalyzer or BAC results are a part of all observations that give the law enforcement officer probable cause for an arrest. The arresting officer should record all observations that lead them to suspect that the driver was intoxicated.
What Should I Do If I’ve Been Arrested for a DUI or a DWI?
If you believe you have been unfairly arrested for a DUI in the state of Missouri, it is imperative to contact an attorney as soon as possible. Missouri allows for an administrative hearing to be requested up to 15 days after the date of your arrest. Once that time expires, you cannot contest your license suspension, points on your driving record or any other penalties you received.
An experienced defense attorney will be able to help you submit your request for a hearing, perform extensive research and case preparation and present you with a range of realistic outcomes for your case.
If you are facing a Missouri DUI or DWI charge, contact the legal team at Eng & Woods Attorneys at Law today.
