Can you be charged with a DUI if your BAC is under 0.08?

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Can You Be Charged With DUI Under .08?

In Pennsylvania, you can be charged with driving under the influence (DUI) even if your blood alcohol content (BAC) is below 0.08%. Law enforcement can base the charges on circumstantial evidence and other factors. A Pennsylvania DUI lawyer from Kellis Law Firm can work to protect you from serious penalties or even have your DUI charges dismissed if you have been arrested for DUI.

Pennsylvania’s DUI laws

Pennsylvania’s DUI legislation follows a tiered penalty system based on your BAC level and any prior offenses. You can be charged with DUI if your BAC is 0.08% or higher. Penalties increase at 0.10% and again at 0.16%, with more severe consequences as BAC levels rise.

Even if your BAC is below 0.08%, you can still be charged with DUI. Police may rely on observed signs of impairment, including slurred speech, erratic driving, or poor coordination, to justify an arrest. These signs are often associated with “buzzed” driving and may still meet the legal definition of driving under the influence. Use our DUI calculator to estimate your BAC based on your weight, gender, and drinks consumed.

Minors and commercial drivers with a BAC under .08%

For minors, the Commonwealth of Pennsylvania follows a zero-tolerance policy for impaired driving. Drivers under 21 can face severe consequences if they have any amount of alcohol in their system. Similarly, the Federal Motor Carrier Safety Administration (FMCSA) has strict DUI policies in place for commercial drivers. Operators with a BAC of 0.04% or higher can lose their commercial driver’s license (CDL).

Minors, commercial drivers, and school vehicle drivers, among others, can “be subject to high BAC penalties even if their BAC is not in the high category.”

We take DUI defense as seriously as the Commonwealth takes DUI charges. If you are facing charges, we are here to protect your rights and help you find a way through this challenging time.

Grounds for a DUI arrest when your BAC is under .08

BAC is often measured through a breathalyzer test, but you can be charged with a DUI without being tested. Officers can use circumstantial evidence to make a determination. For example, they may cite your erratic driving, slurred speech, and bloodshot eyes as evidence that you are over the legal limit.

Officers may also detect the smell of alcohol on you or in your car, and you could then face charges for driving while intoxicated. The smell of marijuana or other drugs could also lead to an arrest.

Field Sobriety Tests

If officers suspect you are impaired after pulling you over for a traffic stop, they may require you to take a field sobriety test. There are several types:

  • One-legged stand test: This test is usually 30 seconds and requires you to stand on one leg while counting. If you cannot maintain your balance or count correctly, you’ll likely fail the test
  • Horizontal gaze nystagmus test: An officer will hold a pen or other object in front of your face, moving it back and forth. Inability to follow the movement of the object with only your eyes, or demonstrating involuntary, jerking eye movements, is interpreted as a sign of intoxication
  • Walk the line test: Officers will direct you to walk a straight line, using heel-toe movements and putting one step right in front of the other, and then have you turn around and walk in the other direction. Imbalance, swaying, or inability to follow instructions are taken as signs of intoxication

You can refuse to take a field sobriety test in Pennsylvania without legal consequences. However, you can still be arrested if officers suspect you are under the influence. If arrested, you have the right to a strong defense from an experienced DUI attorney.

What to do if you are arrested for DUI

After a DUI arrest, get in touch with a DUI lawyer as soon as possible. We can assist you with your case regardless of your BAC level. If your BAC was under 0.08%, we may be able to challenge the traffic stop or help you apply for the ARD program to reduce or eliminate penalties.

Field sobriety tests are often unreliable, as the officers administering them already suspect intoxication. If that test prompted the arrest, there may be grounds to challenge the officers’ interpretation based on possible bias.

If your BAC measures .08% or above, we can still help. Weight, gender, age, metabolism, medications, and various other factors can impact your BAC. Chemical, blood, or breathalyzer tests can also be administered improperly or yield inaccurate results. An experienced attorney will assess all elements of your case and build a defense to fight the charges against you.

Get the defense you need

Do not face a DUI alone. The Law Offices of Steven E. Kellis is here for you. We have over 25 years of experience and know how to design the defense strategy you need to resolve your case as favorably as possible. Send a message or call (215) 977-4183 for a free case review. Mr. Kellis is ready to get to work.