Many people who drink and drive believe that as long as they keep their blood alcohol concentration or BAC level at 0.08 percent or lower, they won’t be booked for driving under the influence or DUI. After all, 0.08 percent is the legal limit in all states, right?
Actually, no, not all states have pegged the legal BAC limit at 0.08 percent. And no, you still wouldn’t be automatically in the clear if police stopped you and you registered a 0.08 BAC after a breathalyzer test. Here are some of the reasons why a 0.08 BAC isn’t an assurance you won’t be facing a DUI offense.
Not in Utah
In 2018, the state of Utah lowered the legal BAC limit from 0.08 percent to 0.05 percent. Simply put, if you get caught driving with a BAC over that limit, you will be arrested and prosecuted with the full force of the law.
Worse, just like with states with the usual 0.08 limit, a traffic stop on suspicion of DUI in Utah could uncover circumstances that could lead to an arrest even if you had a BAC below 0.05 percent.
Noticeable impairment
So you had one drink, which means your BAC is likely below the limit, and you are very confident the police won't stop you. Just make sure you drive perfectly because one little swerve or if you drive a tad over the speed limit, and vigilant cops will take notice and stop you on suspicion that you are impaired.
And if the police find out that you do have alcohol in your system and decide that you are impaired despite a BAC below the limit, you could still get arrested. Maybe you’ll eventually get off the hook with the help of a good DUI attorney, but you will have gone through a lot of trouble and expense, all because of that one drink.
Zero tolerance laws
All 50 states, as well as the District of Columbia, have zero tolerance laws, which aim to curb drunk driving among people under 21. As the name of the law suggests, it won’t tolerate even a 0.01 percent BAC if the driver hasn’t reached the legal drinking age yet.
And if your passengers are children, expect to be slapped with a DUI charge even if your BAC is below the limit and you’re already of drinking age.
Trouble with prosecutors
A BAC of 0.07 is below the limit in states other than Utah, but prosecutors bent on getting a conviction can argue that you were actually above the limit before you were stopped. They can say in court that the only reason your BAC was at 0.07 at the time of your arrest is because time has already passed and your BAC has already dropped naturally.
All things considered, you shouldn’t bank too much on the 0.08 percent BAC limit. When you’re behind the wheel, there really is no safe BAC level other than 0.00 percent.