Can drivers be arrested when they’re under the legal limit?

Published By | May 28, 2021 | Drunk Driving Accidents |

If you see a driver who is weaving in and out of their lane, you might make the decision to call the police. Their actions are already dangerous, even if they haven’t hit anyone yet.

If that driver happens to have had a few drinks before getting behind the wheel, that doesn’t necessarily mean they’re over the legal limit. It could mean, though, that they are not safe to drive.

Can a driver be arrested when they’re under the legal limit?

Yes, they can, and that arrest could help if they hit your vehicle while impaired. Interestingly, though the country does have a .08% blood alcohol concentration limit, no one has to break that limit to be arrested. The .08% limit is the per se limit, which means that officers don’t need any other evidence to arrest the person and get them off the streets.

Drivers with a BAC below this may still be arrested if they show signs of impairment. For example, if a driver who hits you is having hallucinations, shows signs of poor coordination or has impaired motor skills, then an officer may still determine that they are too impaired to drive safely.

What should you do if you’re involved in a collision with someone who is impaired?

The first thing to do after any kind of crash is to call 911. Even though you might be upset with the other driver, you need to seek medical attention for them and yourself.

After this, if you notice that the person is impaired, you may want to take a video or gather other evidence. If they need assistance, you can attempt to provide it to them until help arrives. Take photos of any incriminating items, like empty alcohol bottles, littered at the scene of the crash.

Will a DUI charge help your case?

If the driver is arrested or charged for a DUI, that could help your case. Your personal injury attorney can talk to you more about what to expect if you decide to make a claim against the driver for any injuries and losses you’ve suffered.