What is the point of having a legal limit of .08 if they can arrest and or convict you for whatever they choose? Answer this? Anyone.............
The term "legal limit" is not accurate, and all too many in the public have bought into the idea that if their blood alcohol concentration (BAC) is under .08 they are safe from conviction on a DUI charge. But that's not the case in most, if not all, states.
Instead, the typical DUI statute has two parts to it. The first part is the basic DUI offense of operating a vehicle while your ability to drive is impaired by drugs or alcohol. In order to win a conviction on that offense, the state must not just prove that you had been drinking or using drugs and driving, but that your ability to drive was impaired. For example, if the cop observes you stumbling out the car after the stop, slurring your words badly and barely able to put a coherent thought together, that would be obvious signs that your ability to drive was impaired. If your ability to drive is impaired, ANY amount of alcohol or drugs in your body will be enough for conviction of a DUI.
So, what's the purpose of the .08 BAC? That's where the second part of the DUI statute comes in. If you are driving and have a BAC of .08 or more, the law presumes you are impaired. In that case, the BAC result of .08 is all the state needs to prove impairment—it doesn't have to show that you were actually impaired. This is what can get folks who don't show much visible effect from the alcohol convicted of a DUI offense. They might have avoided a DUI conviction if the state had prove impairment, but with the BAC of .08 or more, the state's case is made just with that fact.
Because of the two parts to the DUI law, every driver should be aware that it is possible to end up convicted of a DUI even with only a very small amount of alcohol in their system. Just one drink along with some sign of impairment is all it takes. So, every time you get behind the wheel after you've had anything to drink, you run a risk that you may end up facing prosecution for a DUI. Of course, the more you drink, the greater the risk. But the notion that many have that being under a BAC of .08 makes you safe from a DUI conviction is just plain wrong.