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Can a person be guilty of DUI if the blood alcohol is lower than a .08%?

April 26, 2017alcohol blood DUI guilty lower person

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Can a person be guilty of DUI if the blood alcohol is lower than a .08%?

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Yes. .08% is the point at which a driver is by law intoxicated and incapable of operating a motor vehicle. Even if a driver’s impairment may not be noticeable to a normal citizen at a .08% or higher, they are still considered by law too intoxicated to safely operate a motor vehicle. However, if you are below a .08% the statute still allows for a person to be convicted of a DUI if it can be shown that the driver was incapable of safely operating a motor vehicle.