Your blood alcohol concentration (BAC) is a measurement of the amount of alcohol in your system at any given time. When you take a breath test administered by the police after a traffic stop, it provides a BAC reading. The typical legal limit is 0.08%.
That said, you do not necessarily have to exceed 0.08% to be charged with a DUI. Some drivers are charged even though they are under the legal limit if the police believe their ability to operate their vehicle safely was impaired. Drivers can also face impaired driving charges for substances such as marijuana or prescription medications, which would not appear on a breath test.
Other legal limits
It is also important to remember that the 0.08% legal limit does not apply to all drivers. Some drivers are subject to lower limits, such as commercial drivers. They typically have a legal limit of 0.04%, meaning they could consume significantly less alcohol and still face charges.
The rules are even more strict for drivers under the age of 21, who are not legally permitted to consume alcohol. In Kentucky, their legal limit is 0.02%. In some cases, this means that a young driver who consumes just a single drink could exceed the legal limit, even though an older driver would not come close to 0.08%.
Your defense options
As you can see, there are several complexities in how BAC limits apply under DUI laws in Kentucky. If you are facing charges, it is critical that you understand the law and all of your defense options.