Can I Be Charged With a DUI Even if My BAC Is Below the Legal Limit?

Yes. In Pennsylvania, you can face a DUI charge even if your blood alcohol content (BAC) is below 0.08%. That number is the threshold for a BAC-based DUI, but it isn’t the only way someone can be charged. Pennsylvania law also prohibits driving after drinking enough alcohol that you’re incapable of safely operating a vehicle.

Crouthamel Law Offices represents clients facing DUI charges in Lehigh County. If your BAC was below 0.08%, the case can depend heavily on what happened before and during the traffic stop. Here, we’ll look at the evidence prosecutors may use to claim you were impaired despite a lower BAC.

A BAC Below 0.08% Does Not Rule Out a DUI

Pennsylvania law covers DUI in more than one way. A BAC of at least 0.08% but below 0.10% falls within the state’s general impairment level. But a BAC number isn’t required if the Commonwealth claims you drank enough alcohol that you were incapable of driving safely.

For example, you could test at 0.06%, but police may point to how you were driving or behaving during the stop as evidence that alcohol affected your ability to drive.

A result below 0.08% can be important when defending against the charge, but the number alone doesn’t determine whether the Commonwealth can pursue a DUI case.

What Can Police Use to Claim You Were Impaired?

When a DUI case isn’t based on a BAC of 0.08% or higher, what the officer observed before and during the traffic stop can become especially important. Police may point to:

• How you were driving before the stop, such as swerving or having trouble staying in your lane

• What the officer noticed when speaking with you, such as the smell of alcohol, slurred speech, or problems with balance or coordination 

• How you performed on field sobriety tests

• Anything you said about drinking before driving

However, this isn’t everything that’s considered. Video may contradict the officer’s account, or the conditions during a field sobriety test may raise questions about the results. The prosecution still has to prove that alcohol left you incapable of driving safely. 

Does the 0.08% Limit Apply to Every Pennsylvania Driver?

No. Pennsylvania sets lower BAC thresholds for certain drivers. If you’re under 21, you can face a DUI with a BAC of 0.02% or higher. The threshold is 0.04% when driving a commercial vehicle and 0.02% when driving a school bus or school vehicle. 

Facing a DUI Charge With a BAC Below 0.08%?

If your BAC was below 0.08%, you may be wondering why you were charged in the first place. Crouthamel Law Offices can look at what happened during the stop and whether the evidence supports the claim that you were unable to drive safely.

If you’re facing a DUI charge in Lehigh County, call 610-428-3386 or schedule a consultation to talk about your case.