It is important for someone who is pulled over for reckless driving to make sure they don’t go on to face a DUI. Sometimes, people drive dangerously not because they are intoxicated but instead because they were distracted.
If you have any alcohol in your bloodstream, then it’s possible that you could face charges in the case of being pulled over. An officer can ask to take your breath sample if you drive recklessly. Then, the officer might decide to arrest you even if you don’t have a BAC over the legal limit.
Is it legal to arrest someone whose blood alcohol concentration (BAC) isn’t over .08 percent?
Yes, because everyone reacts differently to alcohol. Even if you only have a BAC of .04, an officer can use your other behaviors, like driving recklessly, to initiate a DUI charge. While .08 percent is the legal limit, that doesn’t mean that lower amounts can’t result in charges. They may not be as severe, but they can still impact you.
What should you do if you’re asked to pull over and take a breath test?
Typically, it’s a good idea to do as you’re asked because being able to follow directions and being polite to an officer can go a long way toward resolving concerns they have. If you are able to complete field sobriety tests and can be polite and courteous, an officer finding your BAC at a level under .08 percent will likely have less evidence to support an arrest. This is something to keep in mind any time you have contact with the police.
