i-Lawyer Source Logo

 

"CAN I BE CRIMINALLY CHARGED FOR A BAC OVER ZERO BUT BELOW 0.08%?"

Yes. In every state, there is a much lower limit for people under the age of 21. In fact, some states have zero-tolerance laws for minors. And it's not just minors who may be subject to lower limits. People with commercial driver's licenses are also often held to a higher standard than ordinary drivers.

You can be charged with a lesser offense in many states if your BAC was above zero but below the legal limit. These are not DWI charges; they're most often called something like "reckless driving" or "driving while impaired." The penalties are often lower than those of a DWI, but they're not penalty-free. You can and usually should fight these charges; frequently, they're easier to win than DWI charges.

Find a Lawyer