Total DUI

Recently, a visitor to the site asked how it was possible to be charged with a DUI with a blood alcohol content reading far below the "legal limit".

Specific DUI laws vary from state to state, but there are at least two possible reasons that someone could be charged with a DUI despite a blood alcohol content of less than .08%.

One is that the driver might be under the age of 21. In many states, the "legal limit" for a driver under the age of 21 is significantly lower than .08%. In fact, in some states any trace of alcohol is sufficient to convict an underage drinker of driving under the influence.

Another possibility is that the driver had a blood alcohol content (BAC) reading somewhat lower than .08%, but also showed signs of impairment. The "legal limit" is simply the number above which a driver is automatically guilty of driving under the influence (or some related statute) without any other evidence. However, many states also allow for DUI charges and conviction when a driver has a slightly lower BAC reading but also fails field sobriety tests, drives erratically, or otherwise shows signs of being impaired.

Why is it that if .08 is the legal limit and my breathilizer test read .08 can I still be chargered with a DWI? There was no driving viloation cause I was at the gate of military base. I'm in the air force, and the new Air Force policy states that each installation will follow state law. Which in my case is Oklahoma. I'm confused with the word legal limit. Doesn't legal means thats
your within the limits still, .09 is breaking the law. I'm so confused with the .08 is the legal limit. Shouldn't it say that the legal limit is .07? Please help me understand this .08 is the legal limit better. Thanks!

I can't answer your specific questions about your situation--there are far too many variables in terms of state-to-state law and military enforcement.

You are correct, though, that "legal limit" is something of a misnomer. While in strictly proper grammar, "legal limit" does seem to refer to the highest allowable level, the term is commonly used to refer to the number at which a person can be charged with DUI regardless of other signs of impairment.

It's only a common means of referring to that statutory cut-off, though, and not a term used in the statutes themselves (at least, not any that I'm aware of). Statutory language usually says something like, "any person who operates a motor vehicle with a blood alcohol concentration of .08 percent or greater commits..."

"Legal limit" is primarily a layman's term that's carried over from the days when that number was different from state to state.

I was given a breathalizer at work and it read .041 and .046. I did have a few drinks the night before but none the day of work. I was taken off safety sensitive duties and my company vehicle was removed pending my completion of a counseling course. If the legal limit is .08, why was I considered drunk and repremanded?

i was pulled over for "careless" driving and given field sobriety tests. i was told i failed the tests (it was cold and icy on the side of a highway), then given a breathalyzier. it registered .0024 and .0022. but the officer insisted on a blood test, saying the breathalyzer wasn't legal. so, i took the blood test, and, wahla, it was.0023. it cost me $50 to get my car out, then i got a bill from the hospital for the blood test ($140). am i responsible for this bill? what can i do to fight it?
thanks