Do I Have to be "Drunk" to be Charged with DUI?
You do not have to be "drunk" to be charged with DUI. If the prosecutor thinks they can prove your blood alcohol content was .08% or higher at the time of driving or that you were driving under the influence they will charge you with DUI. But, breath and blood tests are flawed. We have won cases with breath results of .14%, .15% and higher. We have won blood cases as high as .28% BAC! So, your case is not hopeless.