Question

What happens if I get a DUI under the .08 legal limit?

Answer

The officer most likely observed that you were too impaired to drive (which is what they need to prove in order to arrest and charge you). Get a good DUI lawyer who will be able to fight the nuanced facts of your case.

Under The Legal Limit Misconceptions

It is a common misconception that driving under the influence of alcohol is acceptable if you blow a .08 or less on an administered breathalyzer test. Unfortunately, many states can still arrest and convict a driver of a DUI with a low blood alcohol concentration, or BAC. At that point, hiring an experienced Rhode Island DUI lawyer is imperative.

What You Need to Know

A DUI is considered a very dangerous and potentially life-threatening offense. It is taken seriously by authorities and courts in all states in America, not just in Rhode Island. DUI stands for “driving under the influence,” which is most commonly determined by behaviors and impairments more than by BAC levels. So, if you seem impaired while driving, the exact amount of alcohol in your blood stream will not matter and can still result in an arrest.

What matters most to traffic officers is to what degree the alcohol is affecting your ability to operate a motor vehicle safely. Drivers get arrested for DUI under .08 all the time, with the most common circumstances involving the following situations:

• The driver is under the legal age required to consume alcohol, usually 21 years old in most states.
• The driver is under the influence of other substances besides alcohol, including but not limited to prescription or illegal drugs.
• The driver is found to be operating a motor vehicle while in the possession of a CDL classified driver’s license.

Essentially, your level of noticeable impairment can automatically result in a charge and/or conviction of a DUI regardless of the substance or substances you ingest or the amount thereof.

What Happens After an Arrest for DUI Under .08?

If property damage or injury to another person is sustained during the DUI infraction, it could be ruled as a felony regardless of the driver’s BAC. Furthermore, repeated offenses are often ruled as felonies despite the circumstances surrounding the arrest. Felony DUIs present harsh penalties and fines for the driver, including loss of driving privileges and jail time.

Once arrested for a DUI under .08, time is of the essence. Defending yourself against the courts is often difficult for the average citizen who is not experienced in such matters. Without a proper defense, your civil liberties can be taken, your job could be in jeopardy, and your personal life may suffer. It’s vital that you get in touch with a knowledgeable RI DUI lawyer as soon as possible.

Finding a Good Lawyer after a DUI Under .08 Arrest

Being arrested for or charged with a DUI under .08 is not only stressful, it can be embarrassing. An experienced attorney can help to fight the legal system on your behalf by preventing freedoms from being taken away by the courts. Professional DUI lawyers like Daniel Griffin from Cranston, have the expertise to make the process as painless as possible. While the fines and penalties incurred may be expensive, paying for legal counsel is an investment in your freedom and peace of mind.