Can you be convicted for driving under the influence if your BAC is below the legal limit?

Driving under the influence (DUI) laws vary by state, but typically, a person can still be convicted for driving under the influence, even if their blood alcohol concentration (BAC) is below the legal limit. This is because law enforcement officers assess impairment through various factors, including behavior, coordination, and the ability to drive safely. If an officer observes that a driver is exhibiting signs of being impaired—regardless of BAC—there is potential for a DUI conviction based on the totality of the circumstances.

While many people associate DUI charges strictly with exceeding the legal BAC limit (often 0.08% in many states), the law recognizes that impairment can occur at lower levels as well. Drivers may be charged under "impaired driving" laws, which focus more on the effects of substance use as opposed to just the measured alcohol level.

In some cases, a lower BAC combined with other behaviors—such as erratic driving or evidence of intoxication—can lead law enforcement to conclude that a driver is impaired, resulting in a conviction for DUI. This reinforces the idea that responsible driving is not determined solely by BAC, but rather by overall driver performance.