Can you be charged with drunk driving when you have a blood alcohol level of lower than 0.08%? Yes, you can in Tennessee and most states. The fact that a law enforcement officer testifies that you were too drunk to drive can be sufficient evidence for a charge — and even a conviction.
Conspiracy theorist Alex Jones, host of the Infowars radio show, learned that the hard way recently. According to USA TODAY, there was a disturbance at Jones’ residence in the late evening of Monday, March 9. Jones’ wife explained to a dispatcher that there had been a verbal fight that had been physical earlier. She said that Jones had left the residence in his black Dodge Charger and that he might be drinking.
Officers were dispatched and located a dark Dodge leaving Jones’ neighborhood at 45 mph in a 40 mph zone. They pulled it over and interviewed Jones, who police say had a strong odor of alcohol.
Jones explained that he had gotten into an argument with his wife at a restaurant, where he had drunk a bottle of sake during dinner. He walked home from the restaurant, but the argument continued once he arrived home. Jones said he was trying to drive to his downtown Austin, Texas, residence to avoid his wife.
Jones was apparently cooperative during the police stop. Court documents describe his demeanor as excited, talkative and carefree. Unfortunately, his eyes were allegedly watery and glassy and his pupils were allegedly constricted.
Jones apparently blew a 0.076 and then a 0.079 five minutes later. Nevertheless, he was booked into jail on a charge of driving while intoxicated, a Class B misdemeanor in Texas.
He was assigned a bail of $3,000 and was released early Tuesday morning.
Could Jones be convicted of drunk driving? It’s quite possible on these facts, but there is a good chance he will attempt to resolve the matter through a plea bargain where he pleads guilty to a lesser charge.
If you were arrested for DUI but blew less than 0.08% on a police station breathalyzer, don’t assume no charges will be filed. Get in touch with an experienced defense attorney right away who can assess your case and come up with a positive way for you to move forward.