Can you be charged with DUI if your BAC is below the legal limit?
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Can you be charged with DUI if your BAC is below the legal limit?

On Behalf of | Dec 29, 2020 | Uncategorized |

This past holiday season may have brought bad news for some in the form of drunk driving charges. Most people in Oregon already know that if they drive with a blood-alcohol concentration of 0.08 or above, they can be charged with DUI. However, what they may not know is that a person is under the influence of an intoxicating liquor even if their BAC is under 0.08 if it is determined that they were not driving safely.

A BAC of 0.05 can still be dangerous

If you have consumed around three standard drinks, you may only have a BAC of 0.05. However, a person with a BAC of 0.05 can still find their ability to concentrate and track moving objects is reduced. They may have problems steering their vehicle and they could find it more difficult to respond to emergency driving situations.

What if my BAC is only 0.02?

However, what if you have only consumed around two standard drinks and your BAC is a mere 0.02. Can this affect your driving abilities? Yes, it can. A person with a BAC of 0.02 may find it more difficult to rapidly track moving targets. They also may find it more difficult to perform two tasks at once.

Defending yourself against drunk driving charges

If you were charged with DUI and your BAC was below the legal limit, you can only be convicted if the prosecution can prove that your driving abilities were affected to some perceptible amount through the consumption of alcohol. However, any drunk driving charges need to be taken seriously and can be difficult to defend again without help. This post does not contain legal advice, so those accused of drunk driving in Oregon will want to consult with a criminal defense attorney for further information on this topic.