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Can a BAC under .08 still mean DUI?

On Behalf of | Apr 28, 2025 | DUI

Many people believe that DUI charges only apply if their blood alcohol concentration (BAC) reaches .08% or higher. While that threshold is significant, it is not the sole factor in determining impairment. In Pennsylvania, you can still be charged with DUI even if your BAC falls below .08%.

Pennsylvania’s DUI laws explained

Pennsylvania law outlines multiple grounds for DUI charges. Although the .08% BAC standard governs general impairment, law enforcement officers may still initiate an arrest if they observe signs of impaired driving. Behaviors such as erratic lane changes, delayed reaction times, or slurred speech can justify a DUI charge. Even minimal alcohol consumption can impair motor skills enough to pose a danger on the road.

Zero tolerance for certain drivers

For drivers under the age of 21, Pennsylvania enforces a zero-tolerance policy. A BAC as low as .02% is sufficient to warrant DUI charges for underage drivers. School bus drivers are also subject to a .02% limit, while commercial drivers face a lower threshold of .04%. These stricter standards aim to safeguard public safety by imposing heightened responsibility on certain categories of drivers.

Drugs and combination impairment

Alcohol is not the only substance that can lead to DUI charges. The presence of any controlled substances—even alongside a low BAC—may result in an arrest. Both prescription medications and illegal drugs can impair your ability to operate a vehicle safely. Law enforcement officers assess overall impairment, not just alcohol levels, when determining whether a driver is fit to be on the road.

Understanding Pennsylvania’s DUI laws can help you make informed decisions behind the wheel. A BAC below .08% does not guarantee immunity from prosecution. Minor lapses in driving ability can have significant consequences. Awareness of the broader legal standards ensures that you recognize and avoid risks that many drivers underestimate.