Q Can I get a DUI / DWI with only a very low (.01) alcohol in the blood reading?
In Connecticut, there are two ways to be charged with DUI.
The first is being charged under the "driving while intoxicated" part of the law.
The second, and most common way, is being charged under the "driving with an elevated alcohol / blood level" part of the law. This means you drove with an elevated alcohol / blood level, and had a level that was at a level above the legal limit (.08 as of today December 30, 2014)
You have all heard of .10 which used to be the legal limit. In Connecticut, it is .08 now, and this section applies for most cases when people are charged with driving with an elevated blood level. So, the government does not have to prove you were actually drunk. They only need to prove you had an elevated level.
But you can be charged for simply driving while intoxicated even if you actual limit is less than .08. Of course, in this type of case the prosecutor (state of Connecticut) will have to prove you were actually intoxicated which might be hard to prove. If your actual alcohol / blood level was actually .01 then it will be very hard to prove you were intoxicated in theory, but it is possible.
For example, if you are charged with drunk driving in Stonington Connecticut, and you take the breath test, and your reading was .07. In that case, you will have to go to Court in New London, Connecticut. You can't be prosecuted for having an elevated level because your reading was below .08, but you can still be charged with driving while intoxicated.
If you have been arrested for DUI we can help. Contact The Bartinik Law Firm, P.C., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.