Can you get a DUI if your blood alcohol content is less than the legal limit?

My son informed me that he was pulled over on Tuesday night and got a drunk driving charge. He was with his friend in the car and they were driving on their way home. My son still lives with us. He says that the officer gave him the field test and he passed and that he passed the breathalyzer too but that they still gave him the DUI? Is this possible?

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Answered By: Reeves Law Firm, P.C.

Yes, if your son is under the age of 21, any alcohol is enough for a DUI (as opposed to a DWI). Even if over the age of 21, a DUI is, for lack of a better description, enough alcohol to impair, even if the Blood Alcohol Content is not 0.08 or higher (the legal definition of intoxicated).

Answer Applies to: Texas
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mark Thiessen, Attorney at Law

Yes, if he is under 21 then he is not allowed to consume any alcohol. If he did consume, but is not intoxicated, then he gets a DUI and not a DWI. Hire a DWI trial attorney in your area, and do it soon because you have 15 days to try and save his license.

Answer Applies to: Texas
Replied: 10/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Cynthia Henley, Lawyer

If your son is under 21, then he can be prosecuted for DUI - driving under the influence because Texas is a no tolerance state - no alcohol and driving for people under 21. If your son is over 21 and really did pass the breath test but was arrested and is being prosecuted for DWI, then they are alleging he used drugs, too. 99% of clients tell lawyers that they passed the field sobriety tests. They do not know what "clues" the officer is looking for and they generally do not understand the procedure. He needs a lawyer whether it is a DUI (a class C misdemeanor) or a DWI - which is a Class B if no breath test failure or under 0.15.

Answer Applies to: Texas
Replied: 10/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Kenneth Wincorn P.C.

Possibly a suspicion of drugs. It is also possible to be intoxicated and be below the lit.

Answer Applies to: Texas
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of M. Elizabeth Foley

Yes, it's possible. 1) You may actually mean "DUI" when you use that term. Most people say that when they really mean a DWI, which is the normal Texas offense for drunk driving, and is where the .08 BAL comes in. A DUI is a charge only given to a driver under 21 who the officer can tell has consumed alcoholANY detectable amount of alcohol will do. It's only a Class C misdemeanor, rather than a Class B, which is good for a variety of reasons. 2) If he's 21 or over, it's necessarily a DWI, and most of those where there's not either real evidence of intoxication (usually field sobriety tests on video) or a .08 BAL or more don't go anywhere unless there's evidence of intoxication by some kind of drug, usually combined with extreme bad driving, the defendant was so messed up they were passed out at an intersection or something, or there was actually an accident. Otherwise, they often get dropped for insufficient evidence.

Answer Applies to: Texas
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Aaronson Law Firm

Yes, it is possible and here's the reason: DUI is defined as having lost the normal use of your physical and mental faculties. Even if your alcohol content was less than the legal limit, if you've lost your mental or physical faculties because of the alcohol, then you are still legally intoxicated. A blood alcohol that is over the limit provides a presumption of intoxication.

Answer Applies to: Texas
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.