What reading would be a DWI?

Most states have a per se law that makes a blood or breath alcohol reading of .08 illegal. That is, whether you are intoxicated or not at that level, it is still a crime.

Every state is different. In Georgia, for example, you are presumed NOT under the influence if your BAC is below 0.05. If your test is higher than 0.05, you may be charged with DUI, but there ought to be some serious traffic violation, such as a wreck. If your test is higher than 0.08, you are in violation of the law, even if your driving is fine and you come upon a roadblock.

If you're under the age of 21, or were driving a commercial vehicle, different levels and laws apply. You should contact a DUI lawyer today.

As the previous answers indicate, most states have a per se law; and under the per se law, you may be convicted for simply having a .08 or more in your system at the time you were driving. Further, some states will charge you with lesser crimes for having under a .08 in your system while driving.

I write to point out you do not need ANY particular reading to be convicted of DUI. All the prosecution has to prove for a DUI is you were driving; and at the time you were driving, you were under the influence of an intoxicant or drug. If your driving was erratic and your field sobriety tests were poor, that alone may be enough to convict you of a DUI, regardless of your reading.

I strongly urge you to consult with an experienced DUI attorney in your area. I can recommend:

Leonard R. Stamm, Regent
6301 Ivy Ln Ste 504
Greenbelt MD 20770
Email: lstamm@lstamm.com
Website: http://www.lstamm.com
Phone: 301-345-0122
Fax: 301-441-4652

Good luck!