Q: If you are below .08 can you still get arrested for drunk driving?
A: Yes, the level of your blood alcohol level only creates a rebuttable inference of impairment. If the court finds beyond a reasonable doubt you drank enough alcohol to affect your speech, manner and disposition they can still convict you.
Steve Miyares agrees with this answer
A: Yes. The issue is whether or not you were impaired by driving. A BAC of .08 creates the presumption that you were impaired. However other evidence, such as your performance on field sobriety tests or statements regarding your consumption of alcohol, can be used to establish that your driving was impaired.
A: Yes, you most definitely can be charged, but not necessarily convicted, of having a blood alcohol below .08. The offense is committed if you have a blood alcohol concentration .08 or greater while having control of a vehicle OR you were intoxicated, while while having such control. Many times, an experienced DUI attorney can obtain a good result if the BAC was below .08 and there were no real problems with the field sobriety tests, no slurring of words etc.
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