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Not necessarily.

In most states a BAC of .08 or greater is prima facie evidence that you were driving under the influence of alcohol (i.e.: 'legally' drunk).

HOWEVER - even if you do not 'blow' a .08 you still can be charged with Driving While Impaired, if the officers testimony (and/or dashcam) can demonstrate that, even though not legally intoxicated, your ability to operate a vehicle was affected to the point that you were unsafe to drive.

ALSO: This charge is often made when no evidence of alcohol can be detected by the "blow stick" screening or, subsequently, by means of a breathalyzer test. This most often occurs as the result of the operator being under the influence of either legal or illegal substances or marijuana.

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12y ago

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