Question: Can a DUI arrest be made if the driver’s BAC is below .08?
First DWI vs. DUI: in previous times the term DWI was used. It stood for “driving while intoxicated” due to alcohol consumption. Conversely, today’s term is DUI meaning “driving under the influence” of alcohol, legal (prescription/non-prescription) drugs and illegal drugs.
Second DUI .08 Prima Facie: Any motorist Blood Alcohol Content (BAC) measures a minimum of .08 then that is all the proof needed for a DUI. However, a measurement of BAC lower than .08 can still result in a DUI due to a combination of the product’s identified in the picture below. The combination does not have to include alcohol.
Alert: Any amount of illegal drugs such as pot qualifies as a DUI Prima Facie guilt.