“You Can’t Get a DUI If You’re Under the Legal Limit” — A Dangerous Misunderstanding

Most drivers in Missouri know that the legal blood alcohol concentration (BAC) limit is 0.08%. But many mistakenly believe that if they blow below that number, they’re automatically in the clear.

This is a serious and potentially life-altering myth. At Speeding Ticket KC, our experienced Kansas City traffic defense lawyers have represented clients who were shocked to find themselves facing DUI charges despite being under the legal limit.

The truth is: you can be arrested and convicted for DUI in Missouri even if your BAC is below 0.08%.

Let’s break down why this happens and how to protect yourself.

UNDERSTANDING MISSOURI’S DUI LAWS

Under Missouri Revised Statute 577.010, you can be charged with Driving While Intoxicated (DWI) if you:

• Have a BAC of 0.08% or higher, or
• Are impaired to the point that you cannot safely operate a motor vehicle, regardless of BAC.

That means the law does not rely solely on the number, it also considers your behavior, driving performance, and the officer’s observations. If the officer believes your driving ability is compromised, even at 0.05%, you can be arrested and prosecuted.

WHAT DOES “IMPAIRED” REALLY MEAN IN MISSOURI?

Impairment isn’t just about alcohol. It can include:

• Drugs (prescription or illegal)
• Over-the-counter medications that cause drowsiness or slowed reaction time
• Alcohol combined with fatigue, illness, or other substances

The key legal standard is whether the officer believed you were “in an intoxicated or drugged condition.” You could test at 0.06% BAC, but if you’re swerving, slurring, or reacting slowly, that might be enough for a DUI charge.

This is where the guidance of an experienced Missouri traffic defense lawyer near you becomes essential.

COMMON SCENARIOS WHERE DRIVERS MAY GET CHARGED BELOW 0.08%

• Young drivers under 21 can be charged under Missouri’s Zero Tolerance Law with any detectable alcohol in their system (0.02% or higher).
• Commercial drivers (CDL holders) are held to a lower legal limit: 0.04%.
• Drivers in accidents may be charged even with a BAC below 0.08% if impairment is suspected.
• Field sobriety tests (FSTs) and officer reports carry significant weight, even if your chemical test result is under the limit.

In each of these situations, police and prosecutors can build a case based on totality of evidence, not just your BAC.

WHAT ABOUT BREATHALYZER ERRORS?

Breathalyzers can be influenced by:

• Improper calibration
• User error
• Medical conditions (e.g., GERD)
• Mouth alcohol (from recent drinks, mouthwash, or cough syrup)

So yes, there are legal defenses involving testing procedures and equipment accuracy. But the idea that “I blew under 0.08 so they can’t charge me” is simply false. Prosecutors may proceed with a DUI case using officer testimony, dashcam footage, or results from field sobriety tests.

HIRE THE RIGHT LOCAL KANSAS CITY DUI/DWI DEFENSE LAWYER NEAR YOU

If you’ve been charged with DUI, regardless of your BAC, don’t assume it’s a misunderstanding that will go away on its own. At Speeding Ticket KC, our affordable Kansas City traffic defense attorneys and Missouri DUI defense lawyers have successfully defended cases where clients were under the legal limit.

We can:

• Examine test procedures and possible errors
• Challenge the validity of field sobriety tests
• Cross-examine officer claims of impairment
• Negotiate to reduce or dismiss charges
• Protect your license, job, and record

Searching for a Kansas City traffic defense attorney near me or a Missouri traffic defense lawyer near me? Don’t leave your future to chance. Call Speeding Ticket KC today.

CALL SPEEDING TICKET KC TODAY

A BAC under 0.08% is not a free pass. If you’re showing signs of impairment or fail sobriety tests, you can still face criminal charges—and harsh penalties.

Call Speeding Ticket KC and let our experienced Missouri traffic defense attorneys help evaluate your case and determine the best course to fight for your rights. Don’t leave your future to myths, leave it to professionals who know the law.