A person cannot be arrested for operating a vehicle impaired
Can you have a BAC of 0?
As long as a person’s BAC is less than.08 percent, they can’t be arrested for driving while drunk. One way to break this law is to drive with a blood alcohol concentration (BAC) of 0.08 or more. But even if a person’s BAC is less than 0.08 percent, they can still be charged with DWI in the following situations: Impairment. A person can be arrested for DWI if they are driving while under the influence of a substance that makes them less able to drive. People with a BAC of 0.08 percent or higher are usually considered “per se intoxicated,” which means that no other proof is needed to show that a driver is impaired. But just because you aren’t at the 0.08 percent limit doesn’t mean it’s OK to drive while “buzzed.”