You Weren’t Drinking and You Still Caught a DUI? Here’s Why

Most people are under the impression that as long as they have a BAC (Blood Alcohol Concentration) of less than 0.08% that they are immune from getting a DUI. This is simply not true. In fact, under certain conditions you can still get a DUI if your BAC is lower than 0.08%, or even if you haven’t been drinking at all. Here, we will explore those conditions and put to rest some common and costly misconceptions.

Commercial Drivers.

DUI (Driving Under the Influence) is defined as operating a vehicle while under the influence of alcohol, drugs, or a combination of both, or with a blood alcohol concentration of 0.08% or higher. It wouldn’t be a stretch to say that most citizens are aware of this. What they may not be aware of, however, is the fact that for commercial drivers the limit is a BAC of 0.04%. A commercial driver is someone who operates a commercial motor vehicle (CMV) requiring a Commercial Driver’s License (CDL), which is determined by the vehicle’s weight, cargo, or passenger capacity, or if it’s used for transporting hazardous materials. If you are a commercial driver, if you are hit by a commercial driver, or If you employ commercial drivers, just know that the 0.08% rule does not apply.

Drugs. Not the Illegal Kind, Either.

Here’s your dilemma: you were prescribed medication that you have to take every day, every four hours, starting with your first meal of the day. You also have a full-time career and a cross-town commute that would be too expensive for you to take a rideshare service. This medication’s label clearly states not to operate heavy machinery while taking it. Your obligations and responsibilities dictate that you go to work to be able pay your bills and not starve. What do you do? You can’t put your livelihood at risk, so you grab your breakfast, take your medication with your food as directed, and head out to start your day. If you were to get pulled over, and the officer had a reasonable suspicion that you were impaired, you could get a DUI without ever having taken one sip of alcohol. This applies to cannabis, and some of those sneezy, coughy, cold medications. You can get a DUI for having used certain over-the-counter medications while driving, as well.

Refusal to Submit to Testing.

If you know that you haven’t been drinking and you feel insulted by the mere accusation, you can refuse a field sobriety test. That is within your rights. However, if you do refuse, this could prompt the officer(s) to compel you to submit to a PBT (Preliminary Breath Test). This you cannot refuse. If you refuse a PBT, you could face arrest, suspension of your driver’s license, and the potential issuance of a warrant for a blood sample. This is another way by which one can get a DUI.

Drivers That Are Under Legal Drinking Age.

Just as the acceptable BAC for commercial drivers is lower than that of the general public, the acceptable BAC for drivers under 21 is even lower: 0.02%. If a driver is not of legal drinking age and gets caught driving with any amount of alcohol in their system, they are subject to juvenile or criminal proceedings and even a suspended jail sentence.

The Cop Just Thinks You’re Impaired.

DUI law focuses on impairment, not only BAC. This means that even with a blood alcohol concentration of below 0.08%, you may still get arrested. This is solely left to the discretion of the law enforcement officer(s). If a police officer believes you’ve been drinking or are otherwise impaired, they are allowed to make a judgement call and take you in. Let’s say you work late one day, but you didn’t get adequate sleep the night before. You haven’t even seen any alcohol since last weekend, but your eyes are red and glossed over from exhaustion. In your tired state you forget to use your turn signal and you get pulled over. The cop takes one look at you and makes up her mind that she’s going to test you. You’re exhausted, so you stumble a little during your field sobriety test. At this point, things could go either way so you submit to the breathalyzer. You figure you haven’t been drinking so this should be your saving grace, right? Wrong. In this situation, 90% of the time you are getting arrested. Even if they’re wrong, the police will just get you off the streets and let the courts sort it out later. This is why you should always seek out the guidance of a professional attorney, and do it right away, no matter the circumstance.