Can I be convicted of a DUI if my blood alcohol level is below .08?

You can be charged and later convicted of DUI in the state of KY, even if your blood alcohol level is below the statutory minimum, which is .08 for an adult and .02 for anyone under the age of 21.

If other factors such a field sobriety tests indicate that you are driving impaired, an officer may arrest you and charge you with DUI despite a low breathalyzer result. Field sobriety tests can be used against you, along with any breathalizer or blood drug screen results, to convict you of DUI. Your behavior during the arrest and at the jail can also be used against you in court for a DUI conviction.

To be used against you as evidence in court, Ky law requires that your breathalyzer and/or blood drug screen be given within 2 hours of you operating a motor vehicle while perceived to be impaired.

If you are charged with a DUI in Fayette (Lexington), Clark (Winchester), Madison (Richmond), Woodford (Versailles) or Jessamine (Nicholasville) or any other county surrounding Lexington, please feel free to give us a call!


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