One of the most damning pieces of evidence against you in court involves the concentration of alcohol in your blood at the time of the arrest and during subsequent tests. However, police officers do not just pay attention to your BAC, blood alcohol content, if it is high. They also make decisions for BAC levels that are below the legal limit, as outlined below.

For starters, note that BAC levels that barely register, such as .04% or less, are not indications of impairment at all. Normally, someone with a BAC that registers within this area will not be arrested unless there is something that causes the police to think that the person is a danger to society, such as an outstanding warrant. There are exceptions to the rule, such as the person being underage or having minors in the car.

Next, a mid-range BAC level, above .05% but lower than .07% may or may not lead to your arrest, depending on the rest of the situation, but it can be used during a case as evidence. If there are other factors that led the officer to believe that you were intoxicated, such as excessive speeding, weaving over the center line, slurred speech and/or poor coordination and balance, then it may be an indication of impairment, and you could be arrested and taken to jail.

Finally, anything .08% or higher in most states will be considered a go-to-jail-without-passing-go ticket. The legal limit is the highest concentration of alcohol that can be in a person’s system without causing severe impairment, and anything above that is a danger to everyone else around you, from other drivers and passengers to pedestrians. If there are others in the vehicle with you who are intoxicated, they will need to find another ride home.

You risk losing your driving privileges for a long time with a DUI conviction, so do not take the gamble. Have someone on your side who can fight for your rights before it is too late. Contact a skilled DUI attorney right away to begin discussing options for a suitable defense in your case.