Can You Be Charged with DUI if You’re Under the Legal Limit?

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It’s a common misconception that you must have a blood alcohol concentration (BAC) higher than .08 to be arrested for DUI. It is true that the legal limit for DUI is .08. However, your Indiana DUI lawyer understands that the law is much more complicated than this. For example, you can be charged with DUI even if your BAC is only .05. You can also be charged with DUI if your BAC is zero. You could be under the influence of drugs at the time of your stop. Either way, your attorney is going to work tirelessly to get you the best possible outcome. The best thing to do is call and talk to one of our attorneys as soon as possible after your arrest.

What is the Legal Limit for DUI in Indiana?

Most people know that the legal limit for DUI in Indiana is .08. In fact, this is the blood alcohol concentration limit for every state. The only difference is how serious the punishments are for these offenses. For example, someone in Indiana who is convicted of DUI may face a longer license suspension than someone in Florida. Likewise, somebody in California may serve a longer jail sentence than a defendant in New Jersey. It all depends on the state DUI statute. The good news is that your Indiana DUI lawyer is quite familiar with the laws in your state. They’ll use their years of experience and extensive knowledge of the law to help get the charges against you reduced or dismissed.

Your Indiana DUI Lawyer Will Investigate the Results of Your Breathalyzer

There are times when an Indiana DUI lawyer can get your charges dismissed rather quickly. They may be able to prove that the breathalyzer machine used by the cops wasn’t working properly. Or they may have evidence that the police stop was unlawful. If that’s the case, then any evidence obtained during the stop must be thrown out. One of the first things your lawyer will look at are the results of the breathalyzer and a copy of the video showing your field sobriety test. If either of these things weren’t properly administered, your attorney will file a motion to dismiss.

You Can Be Arrested Even if Your BAC is Less than .08

Oftentimes, clients tell their Indiana DUI lawyer that they shouldn’t have been arrested because their BAC was below .08. They assume that they can only be charged with the crime if their BAC is higher than .08. The truth is that you can be arrested no matter what your blood alcohol level is. Regardless of your BAC, your Indiana DUI lawyer is going to fight to get the charges reduced or dismissed. If your blood alcohol level was low, your attorney will demand to know what proof the State has. If they have some other evidence showing you were intoxicated, they need to provide copies of this to your attorney. Once they do this, your attorney will look for the weaknesses in the State’s case.

The Police Can Charge You with DUI Even if You Have No Alcohol in Your System

Indiana DUI laws are meant to protect the public. The police have the right to arrest anyone they feel is a threat to the public safety. This means that you can be arrested and charged with DUI regardless of what your blood alcohol level is. You could be impaired as the result of something other than alcohol. You may be under the influence of methamphetamine or opiates. These things won’t show up on a breathalyzer. Therefore the police have the option to perform chemical and urine tests on you. These tests will confirm whether you have any illegal drugs in your system.

Call and Speak with a Skilled Indiana DUI Lawyer Immediately

The minute you realize you’re being arrested for DUI, you should be calling our office. You shouldn’t waste any time securing an experienced Indiana DUI lawyer. If you can’t do so from the jail, then ask your family to reach out to us on your behalf. Everything you do and say from the moment of your arrest can and will be used against you in court. The police mean every word of this when they read you the Miranda warning. It’s a good idea to have an attorney by your side. They’ll make sure you don’t say or do anything to make your situation worse. They’ll also make sure that your case is handled properly from the start.

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