Can an individual be charged with DWI if their BAC is below 0.08?

An individual can indeed be charged with Driving While Intoxicated (DWI) even if their Blood Alcohol Concentration (BAC) is below 0.08. This is because laws regarding impaired driving often consider various factors beyond just the BAC level, such as the driver’s behavior, physical condition, or performance on standardized field sobriety tests. If a law enforcement officer believes that a driver is impaired due to alcohol, drugs, or other substances, they can initiate a DWI charge regardless of whether the BAC meets the strict legal limit of 0.08. This is particularly relevant in jurisdictions where impairment can be established through observable signs of intoxication or unsafe driving behaviors.

In contrast, the other options suggest limitations or conditional scenarios that do not encompass the full scope of DWI laws, which aim to ensure safe driving regardless of a specific BAC measurement.