A DUI Arrest Requires a 0.08% BAC, Right?

From a young age, you’ve been told that driving under the influence (DUI) is equated with driving a motor vehicle while having a 0.08% blood alcohol content (BAC) or higher. However, did you know that 0.08% isn’t required for a DUI arrest? Let’s look at the law to back up this claim.

Tennessee DUI Laws

In Tennessee’s DUI law, we find multiple definitions of what it means to be “under the influence.” One of the descriptions says the traditional belief that having an alcohol concentration of eight-hundredths of one percent (0.08%) means you’re intoxicated. However, one of the other definitions is much broader.

In addition to the typical definition, under the influence is defined as “under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess.”

This definition covers a lot in a couple of sentences, but basically, it says that anyone whose mind is foggy due to intoxication could be arrested for DUI. Therefore, it doesn’t matter what your BAC is; if a cop believes you’re intoxicated based on your behavior, you could be arrested for DUI.

Are You Facing DUI Charges?

If you or a loved one is facing DUI charges, you have the right to hire experienced criminal defense for your case. Attorney Joseph Fanduzz is a highly experienced attorney who has fought countless criminal cases with winning results. If you’re interested in hearing more about our defense, give us a call today!

Call (865) 896-9971 now for a free consultation for your case!

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