Can I be cited for a DUI with less than the 0.08% Blood Alcohol Concentration limit?
Yes, the general rule is that you may be arrested for driving under the influence if it can be shown you were driving while influenced by alcohol “to a degree which renders you incapable of safely driving or being in actual physical control” of a vehicle, even if your blood alcohol level is less than 0.08% BAC (0.04% or 0.02% BAC).