EXPERIENCE | SERVICE | RESULTS

You do not need to have a BAC above 0.08 to get a DUI

On Behalf of | Aug 11, 2021 | Uncategorized |

As the country opens up more people in Mississippi will be heading to their favorite bar for happy hour, going to parties with friends and families where alcohol is served or going on dates at restaurants where they will enjoy a drink or two. However, when one or two drinks becomes four or more those who choose to drive home after drinking run the risk of being arrested for drunk driving.

DUI laws in Mississippi

Those who drink alcohol in Mississippi should have a basic understanding of the state’s DUI laws. As many people already know, if you are driving with a blood-alcohol concentration of 0.08 or higher, you can be arrested and charged with DUI. A BAC of 0.08 serves as prima facie evidence that a person was drunk driving.

However, a person in Mississippi can also be charged with DUI even if their BAC is below the legal limit if they are under the influence of alcohol. This is known as “common law” DUI. To prove common law DUI in the absence of a BAC test the prosecution bears the burden of showing your normal ability for clarity and control was compromised by alcohol.

The effects of a BAC below the legal limit

Most people understand why having a BAC of 0.08 or above makes you too drunk to drive. According to the National Highway Traffic Safety Administration, a person with a BAC of 0.08 may lose muscle control, may find it difficult to detect danger and may have impaired judgment, self-control, reasoning and memory.

However, your driving ability can be impaired even if your BAC is below the legal limit. For example, a person with a BAC of 0.05 may find their coordination and ability to track moving objects is compromised. Steering the vehicle becomes more difficult. In addition, their ability to respond to emergency situations on the road is also compromised. As you can see, you do not need to have a BAC of 0.08 for your driving abilities to be compromised by alcohol.

Learn more about DUI in Mississippi

Those charged with DUI in Mississippi often face an uphill battle. Fortunately, help is available. Our firm’s website may be a useful resource to those who were arrested for DUI in Mississippi and want to learn more about their rights and options.