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When your blood alcohol content (BAC) is 0.08% or higher, you're considered legally impaired in the U.S. While you are certain to be arrested for suspicion of driving under the influence (DUI) when your BAC is at or over 0.08%, you can still be charged if your BAC is at any level above 0.00%.
Determine intoxication. In most cases while evaluation the intoxication of a driver.