Q: Can I still get a DUI if my BAC is under the legal limit?
A: Yes. Operating while intoxicated does not depend upon a specific alcohol concentration.
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.
A: Yes if you had enough bad facts --- accident, terrible field sobrieties, etc. It is fact specific.
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