LEGAL GUIDE
Written by attorney Richard Timothy Jones | Oct 26, 2011

Can you be convicted of DUI if you blow less than .08?

Yes. The .08 standard is just one measure of intoxication. You could be legally impaired if you mixed drugs and alcohol. Your blood alcohol concentration could be less than .08 but because of the combination you may have lost the normal use of your faculties. The prosecution would seek to prove this by the introduction of any failed field sobriety tests. This is one reason why if you've had anything to drink it's a good idea to refuse to take field sobriety tests. You could also be intoxicated if you took prescription or over the counter medication that impaired your driving. If you blew less than .08 and they have no field sobriety test results the prosecution is going to have a difficult time convicting anyone.

Additional resources provided by the author

Rate this guide


Avvo DUI email series

Sign up to receive a 3-part series of useful information and legal advice about DUIs.

Can’t find what you’re looking for?


Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer