You have had a couple of drinks. You do the math; you know there is no way you are over .08. Confident in your sobriety, you get behind the wheel to head home. Then the flashing lights of a squad car appear in your rearview mirror. You tell yourself that you are safe. There is nothing to worry about, right?
Wrong.
Contrary to popular belief, you can be charged with a DWI if you test below the “limit” of .08. The State of Minnesota prosecutes DWI’s two different ways. The well-known “legal limit” only determines when someone is per se guilty (presumed guilty) of a DWI. The other way to be convicted of a DWI is to be under the influence of alcohol while driving. If the alcohol in your system has impaired your ability to safely operate a motor vehicle you can be convicted of a DWI.
If you have tested below the “limit”, the State and the arresting officer must provide evidence that your ability to drive was impaired by the alcohol in your system. Officers use field sobriety tests, driving conduct, and even the admissions of drivers to determine if you are impaired by the alcohol in your system.
If you have been charged with a DWI with a test under the limit or if you would like advice about what to do when pulled over, contact Criminal Defense Attorney Kevin Sieben today. An aggressive, hard working, experienced DWI lawyer can make all the difference.
