For most drivers in Kentucky, the legal limit is 0.08%. Many drivers just assume that they have to stay under this limit to avoid a DUI charge. If they take a breath test and it is at or over the limit, then the court can presume that they are impaired.
However, it is important to note that impaired driving is what is legally prohibited, not just exceeding the legal limit. That limit can be used to demonstrate impairment, but even someone who is under the limit could still be arrested if the officer believes they were impaired.
For instance, perhaps someone has a blood alcohol concentration (BAC) between 0.04% and 0.08%. The law notes that their alcohol use is just one of the factors that will then be considered. So, while the court may not automatically presume impairment in that case, other evidence could also be used to demonstrate that the driver was too impaired to safely operate their vehicle at the time.
Not everyone has the same legal limit
Furthermore, not all drivers have the same legal limit, so it is critical that they know what standard they are even being held to. For instance, if someone is under the age of 21, their legal limit is set at 0.02%. If someone is a commercial driver, their legal limit is typically 0.04%.
So there certainly could be a case where an underage driver argues that they were not impaired and could barely feel the effects of the alcohol. And, while that certainly may be true, they could still have violated the legal limit simply because they are underage and the threshold is much lower.
As you can see, DUI laws are a bit more complex than many people realize. If you find yourself facing charges, be sure you know what legal defense options you have. If you would like to learn more, contact The Law Office of Marvin Knorr & Associates at 859-267-5720.