Schmidlkofer , Toth , Loeb & Drosen, LLC
  • Home
  • About
    • Our Firm
    • David J. Behm
    • J. Greer Black
    • Christopher M. Drosen
    • Grete A. Engel
    • Basil M. Loeb
    • Scott A. Schmidlkofer
    • Mark R. Toth
  • Areas of Practice
    • Business Law And Collections
    • Civil Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Mediation & Collaborative Divorce
    • Personal Injury
    • Real Estate Law
  • Blog
  • Contact

Schedule Your Free Consultation
414-250-8548

414-250-8548
Schmidlkofer , Toth , Loeb & Drosen, LLC
  • Home
  • About
    • Our Firm
    • David J. Behm
    • J. Greer Black
    • Christopher M. Drosen
    • Grete A. Engel
    • Basil M. Loeb
    • Scott A. Schmidlkofer
    • Mark R. Toth
  • Areas of Practice
    • Business Law And Collections
    • Civil Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Mediation & Collaborative Divorce
    • Personal Injury
    • Real Estate Law
  • Blog
  • Contact
  • Home
  • About
    • Our Firm
    • David J. Behm
    • J. Greer Black
    • Christopher M. Drosen
    • Grete A. Engel
    • Basil M. Loeb
    • Scott A. Schmidlkofer
    • Mark R. Toth
  • Areas of Practice
    • Business Law And Collections
    • Civil Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Mediation & Collaborative Divorce
    • Personal Injury
    • Real Estate Law
  • Blog
  • Contact
Email

CALL

Schmidlkofer , Toth , Loeb & Drosen, LLC

Helping You Overcome Life’s Most Difficult Legal Challenges

  1. Home
  2.  – 
  3. DUI Questions
  4.  – 
  5. Can you be under the limit and get a DUI?

Can you be under the limit and get a DUI?

On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC | Aug 28, 2021 | DUI Questions |

The rule that the courts can follow for DUI cases is that someone who is over the legal limit (a blood alcohol concentration of 0.08%) can be presumed to be impaired. In other words, that person can claim they were driving safely, but they have still broken the law and can be convicted on DUI charges. 

It’s pretty common for people to assume that this means only those who are over 0.08% can get a DUI. They assume this is why the police give out breath tests: If you’re over the limit, you go to jail, but if you’re under the limit, you’re free to go. Is this actually how it works?

If you’re impaired, you can face charges

It’s not. The reality is that being impaired while driving can lead to legal charges. BAC is one way to establish impairment and makes it easier for the court to prove someone was impaired, but it’s not the only way to do it. A person who is under the legal limit and who is nonetheless still impaired could face charges. 

For instance, perhaps you failed the field sobriety tests at the scene. The police may claim that this shows your impairment, even if your BAC is 0.07%, and then they can try to get the court to convict you on those charges. 

Of course, that doesn’t mean there’s nothing you can do. They still do have to show that you were impaired, and you have every right to fight those charges. In fact, doing so may be easier if your breath test results are in your favor. 

← Previous Next →

Recent Posts

  • What if your co-parent keeps violating placement orders?
  • When can police officers search a vehicle during a stop?
  • Understanding custody and placement in Wisconsin divorces
  • 3 adjustments to make to an estate plan
  • Disinheriting an addicted adult child isn’t the only option

Archives

Categories

  • Bankruptcy
  • Business Law
  • Car Accidents
  • Criminal Defense
  • Divorce
  • DUI Questions
  • Estate Planning
  • Family Law
  • Firm News
  • Real Estate
  • Trusts
  • Uncategorized
  • Wills

RSS Feed

Subscribe To This Blog’s Feed

Schmidlkofer , Toth , Loeb & Drosen, LLC

Contact Us

Call

414-250-8548

Address

949 Glenview Ave
Wauwatosa, WI 53213

Wauwatosa Office

Social Media

  • Follow
  • Follow
  • Follow
Review Us
Shepherd Express | Best of Milwaukee 2021 Winner

© 2025 Schmidlkofer, Toth, Loeb & Drosen, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

How Can We Help You?

© 2025 Schmidlkofer, Toth, Loeb & Drosen, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw