The most common way to get a DUI charge is to drink alcohol and then get behind the wheel. For many drivers, the legal limit is 0.08%, which means they have to have a few drinks to break this limit. But some drivers, such as commercial drivers and underage drivers, have lower limits and could break that threshold with only a few drinks. Additionally, someone who isn’t over the legal limit could still be charged if they demonstrate other clear signs of impairment.
This is an important point to note because it is the impairment itself that the law prohibits. The legal limit has been established so the courts can presume impairment at a certain point. But it is certainly possible to get a DUI without even drinking alcohol, which would mean that you don’t have a positive BAC reading at all. You certainly aren’t over the legal limit.
Other substances
The key thing to remember is that other substances can also trigger impaired driving charges. Common examples include someone using illegal drugs or marijuana products. Someone who smoked marijuana or took an edible isn’t going to produce any result on a breath test, but they may certainly be impaired and show other symptoms, such as bloodshot eyes or impaired cognitive abilities.
On top of that, many prescription medications and over-the-counter medications state that a person who is using them should not operate heavy machinery. If that person decides to drive their car, they could face impaired driving charges, even though it was fully legal for them to use the medicines in question.
Are you facing serious charges that could have a major impact on your future? Take the time to carefully look into your legal defense options.