Q: Can one be charged for dui at .02
A:
If some other factors exist, it could happen. Doesn't mean the driver would be convicted at trial, certainly.
If there were other substances found in a blood draw, for example, so the .02 alcohol was not the sole basis for the charge. If the driver were under 21, then there is a crime for that set of facts. Or, if the driver seemed impaired by the .02 alcohol then in theory a prosecutor could file a charge of DUI. It's obviously unusual and not likely to result in conviction, but it is possible to get charged.
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