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Can You Be Arrested While Under 0.08%

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Can You Be Arrested While Under 0.08%


Even if you’re careful with your drinking, it can seem like some people are out to get you. If you ever find yourself pulled over while clearly under the legal limit of 0.08% BAC, you may be surprised when a police officer asks you to step out of the vehicle. If that happens to you, you may wonder whether you can be arrested while under 0.08%?

Under Arrest

Implied consent law says that you once arrested you cannot refuse a breathalyzer test without a penalty. However, police can arrest you for driving under the influence if they believe there is probable cause to do so.

If an officer believes you’re acting strangely, driving unsafely, or if they are particularly insistent on using the field breathalyzer, they might put you under arrest regardless of your BAC.

Other Influences

Once at the police station, implied consent requires that you submit to a breathalyzer test. Police may also obtain a warrant for a blood or urine test to determine your BAC. If these tests come in below the legal limit of 0.08%, then the charges are unlikely to stand.

However, if a warranted blood test or urine shows signs of controlled substances in your system (including marijuana), you could face additional charges for driving under the influence.

Avoiding these charges starts with understanding your rights and hiring an experienced DUI lawyer. An experienced attorney will fight for your rights and ensure that you make the best defense possible your case moves forward.

If you were charged with a DUI, you should seek legal representation. If you’d like an experienced Reno DUI Lawyer from Law Offices of Kenneth A. Stover to evaluate your record, please send us an email or call (775) 502-1575.

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