Can an officer take away a driver's license or arrest an individual if their blood alcohol content does not exceed the legal limit? 8 Answers as of December 11, 2013

But the officer deems them to be a danger?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
I need more facts to answer this question.
Answer Applies to: Michigan
Replied: 12/11/2013
Hudson Bair | Hudson Bair
If the evidential chemical rest is below the legal limit there is no legal authority to take the license. However, law enforcement may still think the suspect is impaired and place them under arrest and the person may still face criminal prosecution for diving under the influence. This is a common scenario for drug DUI cases.
Answer Applies to: California
Replied: 12/5/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Yes, based on his determination. Get a lawyer and fight this.
Answer Applies to: Nebraska
Replied: 12/5/2013
Universal Law Group, Inc. | Francis John Cowhig
Yes he can. You can be charged and convicted of DUI even if your blood alcohol level is below the legal limit.
Answer Applies to: California
Replied: 12/5/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
They can only confiscate your license if you are charged with a DUI or drunk driving offense. If you are an out of state driver they can hold it as a bond for traffic citations believe it or not.
Answer Applies to: Michigan
Replied: 12/5/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    California Vehicle Code Section 23152 has two parts a and b. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving. In part a, the blood alcohol level does not matter. Under part (a) a driver can be charged and convicted with a blood alcohol level less than the legal limit.
    Answer Applies to: California
    Replied: 12/5/2013
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No and yes. If so drunk can't care for themselves can be held civilly.
    Answer Applies to: California
    Replied: 12/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, the blood alcohol is a factor but not determinative and it appears you were cited for drinking and driving based on your actions and demeanor. Get an attorney.
    Answer Applies to: Michigan
    Replied: 12/5/2013
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