Can you charge someone with a DUI if the breath or blood alcohol content is under .08 but above .01 percent?

• A. Yes
• B. No
• C. Only with a warrant
• D. Only if there is additional evidence

Answer: (A)

Impairment is the deciding factor, not just the number on the breath or blood test. Many jurisdictions have a per se DUI limit of .08, but they also allow a DUI or similar charge when the driver is impaired even if BAC is below that threshold. A BAC between about .01 and .08 can still show alcohol use, and when paired with signs of impairment observed by the officer—slowed reaction, poor balance, erratic driving, field sobriety test results, or admissions—the driver can be charged with DUI or a closely related offense. So, yes, you can be charged with DUI with a BAC under .08 as long as impairment is proven. Warrant requirements aren’t the key here, and charges aren’t limited to cases with extra evidence beyond impairment—the impairment evidence itself can be enough.