Can you be charged with DUI with a BAC of .0346?

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Can you be charged with DUI with a BAC of .0346?

Asked on May 6, 2014 under Criminal Law, Pennsylvania

Answers:

Richard Southard / Law Office of Richard Southard

Answered 7 years ago | Contributor

They may be able to charge you but depending on your lawyer and what other evidenec exists, this charge should NOT survive a motion to dismiss. A BAC reading of under .05% is per se evidence that you were NOT intoxicated. However, it may be relevant evidence on the issue of whether your ability to drive was impaired by alcohol.


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