I have a friend who was recently pulled over, legal limit for Oregon is .08, her BAC was .04, and she still recieved a citation. She will be going to court in a couple of weeks, I will edit my answer to post the results.

The short answer is yes you can. In most states the legal limit of blood alcohol is .08. But in my state of Florida, you can still be arrested if your blood alcohol is .05 or above. The .05 is a presumption of impairement and you can still be charged. However, if your blood alcohol is under .08 you can still keep your license. But again if the Officer can articulate in his arrest report that you were impaired while driving, you can still be convicted of DUI no matter what your blood alcohol is...

You probably get arrested or cited, with a good attorney they'll dismiss your case, but you'll be out a couple grand. otherwise they'll pressure you into a plea bargain and say it's the best thing but you're really just taking it up the *ss.

I know that in Texas it is up to the officer that pulled you over. If you were driving like a jackass then I am going to say yes! If the officer believes you are a threat to others than he will. Chances are your case will get a wreckless driving charge rather than a DUI. Either way it is a pain in the ass to hire an attorney not to mention you will be out about 5 grand!

In Israel its a lot more complicated since you have to undergo an actual test to prove you were above 0.05%. The only thing admissible in course is a blood or urine test taken at a hospital, or a portable lab. So it hard to get people for DUI, but there are many ways around it, like citing people for reckless driving and detaining them till they sober up. If someone is caught for DUI, their car gets taken away for a month, and they lose their license for two years. There are also a number of measures one can take to ensure people drive safe.

It depends, and varies from state to state. In most places the legal limit is .08 However, if you are driving irratically, or get into an accident, or piss off the cop, then Yes. You would be in trouble for DWI (Driving While Intoxicated.) You could also get into trouble TOC (Transporting Open Container) if you were (being very bad and) drinking while driving.

In Ontario, the limit is .08. Road side brethalizers are used. If you blow a red, you're toast. You're at or above .08.They'll haul you off and do a more accurate test at the station. A yellow is a caution, they'll still try to get a sample at the station with a more accurate machine especially if you just came out of the bar. Your BAC will be rising in transport and if you just finished a drink the transport time may push you over .08. ( My GF is a cop and says that they actually like doing this). If you blow green on the portable, you're free to go, even though you may have just had a drink. The cop will likely try to get that info from you, to give the booze time to get to max before giving you the test. If you don't make the hit parade at .08 but come out at .79 and no higher on both tests they administer at the station, 30 minutes apart, then they'll suspend your license for 12 hours and they've already impounded your car before you even got to the station. You'll have to fork up the dough to get it back no matter what the outcome of the tests. If they can prove though, that your ability to drive was actually impaired, even though under the limit, they can charge you with Impaired. Here, what happens is that if they can lay a charge for an over 80, they'll slap on the impaired charge as well. If they can't get you one one, they'll hammer with the other. Sometimes the test technician makes a paperwork mistake, tossing out the validity of the readings in court. Bang..you're then nailed with the Impaired if they can make it stick.

Good answers. I think they could still charge you if you failed an in field sobriety test yes. People can sleep or pass out for an hour then begin to drive and could still be messed up. Also the same goes for drugs, if your BAC was normal but your pupils were dilated or pinpoint could be a good indication of a drug of some sort.

I used to be a DWI lawyer. Won a few. The legal answer is "yes." The blood alcohol limit is only one standard of determining if you are drunk. If you are under the legal limit but a "light-weight," you can still be "affected by alcohol," hence: the roadside tests. That gives the cop another crack at proving you drunk, if you can't heel-to-to it, or touch your nose with eyese closed, backwards abc's, etc.