Can you get a DWI while under the legal limit? 

Can you get a DWI while under the legal limit? 

Don’t assume that you can only get charged with a DWI if your Blood Alcohol Concentration is over the legal limit of 0.08%.

Many people do make this assumption and they’re shocked when blowing a 0.07% doesn’t instantly get the case dropped. Isn’t it legal to drive at that level?

Were you still impaired?

The biggest question to ask is just whether or not you were still impaired. Generally, DWI laws are not about enforcing the legal limit. They’re about stopping impaired driving. If the police think you were impaired, they can charge you even if you don’t hit the limit. 

Then why have the legal limit? When you break it, they can use it as proof of your impairment. It helps them, but it’s not the only way they prove it. 

How long has it been?

Another thing to consider is how long it has been since the traffic stop or accident. Say it takes an hour for the police to get to the scene, take you to the station, and give you a test. If your BAC is 0.07% after an hour, they may argue that they can work backward and assume it must have been higher when you were driving since BAC is always falling if you’re not drinking.

What should you do?

If you are facing charges, it’s time to look into your legal options. A DWI conviction can be expensive, it can have a negative impact on your career and it can end up on your record. It’s important to take this very seriously and find out how to proceed.