Yes, they can. Even if your legal limit … Even if you are not above the legal limit of .28, you can still be guilty if that one drink made you impaired. Let’s say you had not had anything to eat the whole day. That one drink could put you … Yes, not over the limit, but could impair your judgement and cause you to fail the field sobriety exercise. If you fail the field sobriety exercise, that is enough reason to have an arrest for a DUI.