Can I Get Arrested for DWI if My BAC Was Under .08?

When you’re pulled over, you may be relieved to see your blood-alcohol concentration (BAC) is under .08 percent. But then, something shocking happens—the police still read you your rights and put you in the back of their police car. What happened? 

In some cases, you can still be arrested for a DWI, even if you thought you were under the legal limit. That can be devastating to you and your family as you deal with the legal consequences. But why does it happen? 

If you’ve been accused of a DWI, reach out to a DUI attorney at Chicago Trusted Attorneys™. We can help you determine why you were still arrested, which can impact your defense and how you approach your case in court. 

Legal Limits Can Vary for Certain Drivers

For the typical driver, you’re expected to keep your BAC level below .08 percent. If you’re above the legal limit, you can be charged with a DWI. But that limit may be lower for certain drivers. 

For example, commercial truck drivers can be arrested for a BAC over .04. Truck drivers drive larger vehicles, which may also be carrying dangerous or hazardous material. Because a truck crash can be so devastating, they are subject to a lower threshold for a DWI. 

Drivers under twenty-one can expect a no-tolerance policy from Illinois police officers. If you’re under the legal drinking age and a field sobriety test shows any trace of alcohol, drugs, or other impairment, you may lose your license for some time. Even a first-time conviction can impact your life, which is why it’s so important to defend your case. 

Other Signs of Impairment

But it’s not just about the number on a field sobriety test. You may not have these other restrictions on your license, but you were arrested anyway. That’s because the police officer may claim you were otherwise clearly impaired

Let’s say you were driving at night, and the officer claims you were speeding, swerving between lanes, or failed to stop at a traffic light. You may be stopped because these are signs of impairment. Because this action is still dangerous to other drivers, you may be arrested for driving while intoxicated, even if you weren’t over the legal limit. 

If the police have other evidence showing you were impaired, they can arrest you, but that doesn’t mean you can’t defend your case. Your lawyer can help you recover from these accusations and get the charges dropped. 

Defend Your Record with a Chicago DWI Attorney

When it comes to DWI charges, your BAC isn’t the only important piece of evidence for your case. You may need to focus on your impairment level, for example, and other details. That can be difficult to argue in the courtroom. 

The renown team of lawyers at Chicago Trusted Attorneys™ are here to help. We’ve handled plenty of DWI cases before yours, and we’re prepared to help you get your charges reduced or dismissed. If you’ve been accused of drinking and driving, reach out for a consultation with a lawyer. Call 312-931-5411 or fill out the online contact form below.