Indianapolis, IN asked in DUI / DWI for Indiana

Q: Can I still get a DUI if my BAC is under the legal limit?

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2 Lawyer Answers
Paul Stanko
Paul Stanko
Answered
  • DUI & DWI Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: Yes. Operating while intoxicated does not depend upon a specific alcohol concentration.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • DUI & DWI Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: Mr. Stanko is correct you can be charged with OWI if your BAC is under the legal limit. OWI charges are broken down into 2 categories. One is dependent on a BAC score the other requires the State to show that you are impaired which does not require a breath score; It is based on observations and performance on field sobriety tests.

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