Is a persons blood alcohol concentration (BAC) the only factor in determining whether or not a DUI is given?
No, the %BAC is not the only factor considered. Many people do not realize they can be charged with driving under the influence (DUI) or driving while intoxicated (DWI) even if their %BAC is under the legal limit. A person can be charged if they are at or over the “legal limit,” which is .08 %BAC in all 50 US States, or if they are “impaired to any degree,” regardless of the %BAC level.