Have you ever wondered if you could be charged with DUI in Greenville even if your blood alcohol content (BAC) is below the legal limit? Well, the answer might surprise you. The truth is that the BAC legal limit does not provide complete protection against DUI charges.
We will help you understand what can happen if your BAC is below the limit when you’re pulled over for impaired driving. Plus, we’ll give some valuable advice on how to protect your rights by contacting a Greenville DUI lawyer who will fight for justice!
The BAC Legal Limit Does Not Protect You From DUI Charges
Many people believe that as long as their BAC is under the legal limit of 0.08%, they cannot be charged with DUI in South Carolina. However, this is not entirely true.
The legal limit only sets a threshold for per se impairment, which means that you are automatically considered impaired if your BAC is 0.08 or higher. But it doesn’t mean that you can drive safely or that you won’t get arrested for driving under the influence even if your BAC is lower than 0.08%.
In fact, police officers have the discretion to arrest and charge anyone who exhibits signs of intoxication while driving regardless of their actual BAC level. This means that even if your BAC is within the legal limit, you may still face DUI charges if an officer believes they have probable cause.
Being under the legal limit does not guarantee immunity from DUI charges in Greenville. If you find yourself facing such charges despite having low blood alcohol content levels, contact a skilled DUI lawyer immediately to protect your rights and fight against these allegations effectively!
Each Person Reacts Differently at the Same BAC Level
It’s important to understand that each person can react differently to alcohol, even if their blood alcohol concentration (BAC) level is the same as someone else. Thus, just because your BAC is lower than the legal limit of 0.08, it doesn’t necessarily mean you’re not impaired and cannot be charged with DUI.
Factors such as weight, gender, metabolism rate, and tolerance levels all play a role in how quickly your body processes alcohol. For example, someone who weighs less and has a slower metabolism may become more intoxicated at a lower BAC level than someone who weighs more with a faster metabolism.
In addition to physical factors, environmental conditions can also affect how alcohol affects your body. Fatigue or high stress levels can amplify the effects of alcohol consumption on your motor skills and reaction time.
It’s essential to remember that even if you feel fine after consuming some alcoholic beverages and your BAC is below the legal limit, you could still face DUI charges if an officer believes you are too impaired to drive safely.
The Implied Consent Law Allows the Police to Request Additional Testing
In South Carolina, as in most states, there is an implied consent law that stipulates drivers give their consent to a chemical test when they obtain their driver’s license.
This means that if you are pulled over by law enforcement and suspected of driving under the influence (DUI) or driving while impaired (DWI), you must submit to a breathalyzer test.
However, what many people don’t realize is that the implied consent law also allows police officers to request additional testing beyond just a breathalyzer.
If your blood alcohol content (BAC) level is below 0.08%, but the officer still has reason to suspect impairment, they can request additional tests such as blood and urine tests.
It’s important to note that refusing any type of testing requested by an officer can result in immediate suspension of your driver’s license and may be used against you in court as evidence of guilt.
You May Be Asked to Take a Field Sobriety Test
If a police officer suspects that you are driving under the influence, they may administer a field sobriety test. This is a series of physical tests designed to assess your coordination, balance, and cognitive abilities.
The three most common types of field sobriety tests are the horizontal gaze nystagmus (HGN) test, walk-and-turn test, and one-leg stand test. During the HGN test, the officer will ask you to follow an object with your eyes while they look for signs of impairment.
For the walk-and-turn and one-leg stand tests, you will be asked to perform simple physical movements while following instructions from the officer. These tests can be difficult even when sober and can often lead to false positives if not administered correctly.
It’s important to note that you do have the right to refuse these tests; however, this could result in consequences such as license suspension or arrest. It’s always best to seek legal advice before making any decisions in these situations.
It’s crucial to understand that just because you pass or fail a field sobriety test doesn’t necessarily determine whether or not you’ll be charged with DUI in Greenville. A skilled DUI lawyer can help navigate these complex legal matters and fight for your rights during this challenging time.
The Police Officer Can Charge You With DWI Based on Observations
If you are pulled over by a police officer in Greenville and they suspect that you have been drinking, they may charge you with driving while impaired (DWI) based on their own observations. This means that the officer can use their own judgment to determine whether or not you are impaired.
Some of the things that an officer might look for include slurred speech, bloodshot eyes, and unsteady movements. They may also ask if you have been drinking and try to detect any odor of alcohol coming from your breath or clothing.
It is important to remember that these observations are subjective and can be influenced by a variety of factors. For example, if you have a medical condition or disability that affects your balance or speech, it could be misinterpreted as a sign of impairment.
Contact DUI Lawyer Greenville, Who Will Fight for Your Rights!
If you’ve been charged with DUI in Greenville, it’s important to take action and defend your rights. Remember, the BAC legal limit is just one factor police use to determine if you’re under the influence of alcohol.
Each person reacts differently at the same BAC level, so even if your blood alcohol content was below the legal limit, you could still face charges.
Fortunately, a skilled Greenville DUI lawyer can help protect your rights and fight for your best possible outcome. Don’t hesitate to reach out for help if you find yourself facing a DUI charge in Greenville, contact DUI Lawyer Greenville and we will work tirelessly on your behalf.
We offer each new client a free case review, so call us now and start fighting the DUI charges at 864-523-7776!
