Most all of us understand the idea of a DUI. You were stopped, given field sobriety tests, a breathalyzer, and you were over the legal limit; next thing you know, you’re on your way to jail with a newly minted DUI charge and the messy aftermath. However, in most cases, if you register under the legal limit— you’ll walk away unscathed. However, having a BAC even under.08 can be problematic if you become involved in accident.

Under the Legal Limit: Charges Below .08 BAC?

Maybe you go out for a drink with some friends. You have one, drink water, know you’re staying below the legal limit, and then head home. However, on the way home, you find yourself in an accident that’s not your fault. Typically, this wouldn’t be a big deal. However, having alcohol in your system can create a bigger issue than you might realize.

Even with a BAC below the legal limit, the court has the opportunity to try and place blame on you for having consumed alcohol before an accident occurred. Therefore, in the case that you have any BAC whatsoever, the presence of alcohol can put you at fault for an accident that is not necessarily your fault.

How do I fight this?

Ultimately, your first step to combatting these accusations is to find a qualified attorney who will fight for you, and the result you’re looking for. The first step you should take, is to record all details of your accident. Take photos of the scene and accident, record conversations, get information from the other party, police, and retain every possible detail leading up to the accident. From where you are, how long you’ve been there, weather conditions, what you had to drink, receipts, and so forth. While these details might feel small, and insignificant, you never know what will become the difference maker in your case.

The thing to remember for now is that you were not driving illegally. It’s easy to feel as if you’ve made a fatal error, however you’re just caught up in a bad situation. Speak with an attorney, provide details, and let them see what they can do for you. Every case is different, and having the right people on your side can make a big difference.