Is it legally possible to be charged with a DWI/DUI if you are below the legal limit?

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Is it legally possible to be charged with a DWI/DUI if you are below the legal limit?

I was pulled over for a tail light being out, and was asked to do sobriety test. I was taken to jail and did a BAC, my level was 0.06%. I went to court and they are still charging me with a DWI even though I am below the legal limit. This is my first offense.

Asked on March 1, 2012 under Criminal Law, Minnesota

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Mosty DUI/DWI statutes have a provision that reads: A person may not operate or be in actual physical control of a vehicle within the state if the person is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle.

Wherefore, you can be charged if you are below the legal limit (.08) However, if you hire an attorney, there is a good chance that you could get this dismissed.


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