Suppose you’ve just had a few drinks with your friends and are on your way home. You’re not planning on driving, but, unfortunately, the police have set up a checkpoint to look for intoxicated drivers.

Silky Terrier Dog Breed Playing Aro... Silky Terrier Dog Breed Playing Around

They ask you to blow into the breathalyzer machine, and you blow under the legal limit (.08%). You assume that means everything is okay and drive off. Is that true? Well, it depends.

What happens if you blow under the legal limit.

If you blow under the legal limit, you may be arrested, receive a fine, and charged with a DUI.

If police stop you in Virginia and suspect you are driving under the influence of alcohol, they can demand to see your driver’s license. If they suspect your blood alcohol content (BAC) is above 0.08%, they can request that you take a Breathalyzer test (or similar device).

If your BAC measures above 0.08% after taking the test, you will be charged with driving while intoxicated (DWI), which is considered equivalent to driving under the influence (DUI). However, even if your BAC does not measure over 0.08% after taking the test, it does not mean that it has been proven beyond reasonable doubt that there was no alcohol present in your body at any time during the operation of a motor vehicle on public roads.

You may be arrested if the officer believes you are impaired.

If the officer thinks you are impaired, they can arrest you. The officer can also stop you if they feel you are damaged and refuse a breathalyzer test. 

Finally, suppose the officer believes your blood alcohol content is higher than 0.08 percent but not as high as 0.10 percent due to a breathalyzer test showing over 0.08 percent BAC (blood alcohol content). 

In that case, they can still arrest you on suspicion of drunk driving in California even though it technically doesn’t meet the legal definition of drunk driving in California.

You may still get a DUI even if you’re not over .08.

The legal limit for driving is .08% Blood Alcohol Content (BAC), but that doesn’t mean you can’t get a DUI if you’re under that. 

The law doesn’t specify how fast you have to be going or how much alcohol needs to be in your system—it just says that if any alcohol is present, driving is illegal.

Conclusion

The critical thing to remember is that taking the proper steps will help you avoid a DUI, which can be avoided by ensuring you’re not over the legal limit.