While you usually aren't arrested for a DWI unless your BAC level, which is the blood alcohol level in your body is over the legal limit, you can still be arrested for a DWI in special circumstances. This is because the BAC level isn't the only prerequisite needed for an officer to make an arrest for a DWI. Here are three special circumstances in which the officer may still feel the need to make an arrest:
- Abnormal Use of Mental or Physical Capabilities: An officer can usually tell if you are having an abnormal use of your mental or physical capabilities, although in some cases it can be misjudged. An officer usually determines if you are impaired this way by having you go through some different mental or physical tasks, such as simply walking in a straight line. In some cases, the nerves from being pulled over can affect your ability to perform well in these tests. This is why if you are have been arrested for a DWI on this alone, you need to hire a DWI lawyer to defend your case, especially if you were not drinking or your BAC was under the legal limit.
- Officier Believes You Were Driving Before Your BAC Was Lowered: This is usually the case when an officer pulls over a person operating a commercial vehicle. If the BAC level is just under the legal limit, the officer may assume that you have already been driving for quite some time. Thus, you were likely operating a vehicle at the time your BAC level was over the limit. In this situation, you also need a DWI lawyer to defend you since it's unfair to make a judgment based on this, especially if it's your first-time offense. A lawyer will likely be able to write off the charge or at least reduce the charges, which is the case if it's your second-time offense.
- You Are a Minor: If you are a minor operating a vehicle and your BAC level is anywhere above zero percent, you will probably be arrested for a DWI. If this is your first-time offense, you need a DWI lawyer. Even if it's your second offense, you need a DWI lawyer to reduce the charges. Hopefully, your DWI lawyer is able to write off the charge completely because it can affect your ability to retain your license and it can even be suspended until you come of age.
If whatever situation you are arrested for a DWI, you will want a lawyer, but this is especially the case if you were arrested for a DWI without being over the BAC limit. Contact a company like Carl L. Britt, Jr. for more information and assistance.
