DUI- Stopped for DUI based on another driver’s observationsIt is illegal in every state to operate a motorized vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It is also illegal to operate a motorized vehicle with a blood alcohol concentration (BAC) at any level if you are unable to do so safely. But what if law enforcement does not witness the driving erratic driving? Can you still be arrested for DUI?
Recently, on our DUI forum we had a driver who was arrested inside of a store after another driver called the police and reported that they were driving unsafely. The driver wanted to know if they could be convicted of DUI if the police did not see the driving infraction or witness any unsafe driving.