How can I be found guilty of DUI if I wasn’t over the limit?
Really, there are two basic ways that a person can be guilty of a DUI. That is, first of all, and the one that we hear about most, is you are over the legal limit. Whether that’s alcohol, and in the state of Tennessee (as in most states) that’s a 0.08 blood-alcohol content, if you’re over that limit, that’s all the state has to prove. The other way, the second way they can prove that you’re under the influence, even without any official test or test results, is simply to prove that you’ve been drinking or ingested drugs, and you’ve been affected to the extent that you cannot safely drive. So oftentimes, the state, if they don’t have a test result because the person refused or whatever reason, then they will proceed in attempting to show, “look, this person just wasn’t a safe driver because of the amount of alcohol or drugs that they have taken.”