Under the Legal Limit But Still Arrested For DUI

Drunk driving offenses are taken very seriously in theKnowing Your Rights
United States. Police officers are continually on theWhile an officer can arrest you and charge you with a
lookout for drivers who are behaving erratically andDUI even if your BAC is under.08, this does not mean
may be drunk. To help determine a driver's level ofthat you will automatically be convicted. Every individual
drunkenness, the police have developed field sobrietyhas a right to a lawyer and to a fair trial. If you believe
tests. Breathalyzer devices have also been developedthat you have been wrongly charged, you can contest
to get an immediate blood alcohol content (BAC)the DUI in court. If the police arrested you on a hunch
estimate from the driver. Since none of these testswith no substantial evidence to back up the arrest, the
are completely accurate, a large part of a DUI arrestcharge may be dropped. A DUI defense attorney can
depends on the police officer's own judgment of yourhelp to protect your rights under the law and will
intoxication level.question the legitimacy of any evidence brought
Under.08 Can Still Result in an Arrestagainst you.
By law, the legal BAC limit for anyone age 21 or overThe police must follow certain procedures and provide
is.08 BAC. This percentage was decided by theappropriate evidence in order to legally charge you for
federal government, which can revoke states' federala crime. If you believe that you have been unjustly
highway funding if they do not comply with a.08 BACcharged or that evidence against you was improperly
policy. However, this does not restrict officers fromobtained, consider contacting a DUI defense lawyer
arresting individuals who test under.08 BAC. If animmediately to assist with your defense.
officer believes that you were driving impaired, you
can be arrested regardless of what your breathalyzerFor More Information
test reads. Since alcohol affects different people inTo learn more about drunk driving charges and
different ways, someone under.08 BAC may actuallypreparing a legal defense, please visit the website of
be less fit to drive than someone with a higher BACexperienced Rhode Island DUI lawyer James
reading. For this reason, officers often arrest anyonePowderly today.
with a BAC reading of.05 or above.