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Can you face arrest with a BAC less than 0.08 percent?

Operating a vehicle while under the influence of alcohol is one of the most dangerous things you can do. According to data collected by Indiana's DMV, nearly a third of fatal car accidents are a result of people with a blood alcohol content level higher than 0.08 percent. 

0.08 percent is the legal limit in most states. While some advocacy groups have pushed for even lower limits, most lawmakers agree that 0.08 percent is the point where most people become too inebriated to safely operate a car. However, it is still possible for police to place you under arrest for DUI even if you have a BAC less than 0.08 percent but higher than 0.00 percent. 

Certain demographics need to have a BAC less than 0.08 percent

The 0.08 percent limit is the standard for most drivers. However, individuals under the age of 21 naturally have a lower limit. If a teenager has a BAC of at least 0.02 percent, then he or she can still face DUI charges.

People younger than 21 can face a $500 ticket and a Class C infraction by driving with a BAC between 0.02 percent and 0.08 percent. Additionally, drivers who operate commercial vehicles cannot drive with a BAC higher than 0.04 percent.

For noncommercial drivers, operating a vehicle that has children in it is extremely dangerous with any BAC level. If a police officer catches you in this situation, then the officer can place you under arrest even with a lower limit. 

Noticeable impairment could lead to arrest

Alcohol affects everyone differently. Some people can drink three beers and feel completely fine. For other people, one beer is enough to make them feel inebriated. Regardless of what your exact BAC is, if you drive recklessly on the roadway, then the police can pull you over and place you under arrest for DUI. Additionally, taking prescription pills or other types of drugs will not necessarily register on a breathalyzer, but they can significantly impact your ability to operate a vehicle and increase your chances of an arrest. 

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Todd L. Sallee, Attorney at Law

155 East Market Street, Suite 450
Indianapolis, IN 46204

Phone: 317-643-5507
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