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

UPDATED: Mar 1, 2012

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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


Russ Pietryga / Pietryga Law Office

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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