Criminal Defense Law Firm Atlanta, Georgia
It is important for drivers to understand that they can potentially be charged and convicted of drunk driving even if their blood alcohol level is below the ordinary legal limit. It is fairly common knowledge that it is illegal to drive with a blood alcohol content level above 0.08. However, there are circumstances under which a driver can be charged with a DUI with a BAC under this common threshold. It’s therefore a good idea to speak with an Atlanta, GA criminal defense attorney from Andrew R. Lynch – Attorney at Law if you’ve been charged with a low BAC impaired driving offense. You shouldn’t assume that you will be cleared of these charges simply because your BAC was below the common DUI legal limit at the time of your alleged offense.
Blood Alcohol Content Level Limit
It is true that the ordinary legal limit for blood alcohol content level while driving is 0.08. However, this is only the case for adults. If you are below the legal drinking age, then the legal limit is lowered to 0.00. As a result, it’s imperative to speak with an Atlanta, Georgia criminal defense firm if you have been cited with a DUI and you are underage. Even if you had a drop of alcohol in your system and it has been picked up by a BAC measuring device, you could be convicted of a DUI. Speaking with an experienced Atlanta, Georgia criminal defense firm will help to ensure that you have an aggressive advocate by your side as you navigate this situation. This is the first way that someone can be convicted of a DUI with a blood alcohol content level below the legal limit. However, this is not the only way this can happen. There is a second DUI law that fewer people are aware of.
Driving While Impaired
The second DUI law simply states that it is illegal to drive while impaired to the point of it being unsafe. This is much more subjective than the first law. However, it is intentionally subjective. The police officer must decide whether a driver is too impaired to drive safely. There are three reasons for this law to exist:
- Alcohol affects different people differently and some people may be too impaired to drive safely even with a blood alcohol content level below 0.08.
- It needs to be illegal to drive while under the influence of non-alcohol mind-altering substances, which the first law does not address.
- Loopholes may get around the very objective first law, but the subjectivity of the second law ensures that anyone who is driving in an unsafe way can be held accountable.
If you are high, you can be arrested with no alcohol in your system. Or, if you are too drunk to drive safely, your exact blood alcohol content level is irrelevant. You can even be charged with a DUI for driving unsafely while under the influence of prescription or over the counter medications. And, of course, minors who cannot legally drink cannot have any alcohol in their system at all while driving.
No matter the reason, if you’ve been cited for a DUI, contact an experienced Atlanta, Georgia criminal defense law firm from The Lynch Law Group as soon as you can. Building a solid defense now can help to ensure that your case is as strong as it can possibly be.