The police said my breath test results were 0.07%. Why did I get a DUI if the law says 0.08%?
An officer can arrest a driver for DUI at any blood alcohol level or with no reference to a blood alcohol concentration (BAC). The drivers behavior and field sobriety test performance can influence an officers subjective decision to make a DUI arrest. However, a blood alcohol level near 0.08%, as with all DUI charges, should be vigorously defended.