Can you be charged with DWI if you have a BAC below 0.08?

The correct answer highlights that a driver can indeed be charged with driving while impaired (DWI) even if their blood alcohol concentration (BAC) is below the legal limit of 0.08%. This is primarily because the legal definition of impairment is not solely based on BAC levels. If a sobriety test indicates that an individual is unable to drive safely due to alcohol or drug consumption, law enforcement officers have the authority to make an arrest for DWI regardless of what the BAC reading shows.

This recognizes the principle that impairment can exist even at lower levels of alcohol, and a driver’s ability to operate a vehicle safely is the primary concern. Other factors such as behavior, coordination, and the performance of standardized field sobriety tests may all contribute to an officer's assessment of impairment.

The other choices reflect misunderstandings about DWI laws. Specifically, stating that a person must have a BAC of at least 0.08 to be charged ignores the broader criteria for impairment. Charging only underage individuals or suggesting that multiple offenses are needed to charge someone are also not accurate since impairment laws apply universally based on the evidence of impairment, as demonstrated through sobriety tests or the behavior of the driver.