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I only had one beer or alcoholic beverage. Can I still be found guilty of OVI or DUI?

It depends. Individuals can be charged with OVI or DUI for having a prohibited Blood Alcohol Concentration of .08 or higher. One beverage is not likely to cause your BAC to reach this level. Poor Police Department procedure and/or a malfunctioning breath testing device can cause an unreliable false positive result. However, individuals can be charged with OVI or DUI if their ability to operate a vehicle is noticeably impaired. It is theoretically possible, but highly unlikely, that your ability to drive would be appreciably impaired after one drink. It depends on individual tolerance levels. Certain prescription medications have been found to cause drowsiness and impairment issues when mixed with alcoholic beverages. Even if the medications are legally prescribed, it is possible to be charged with OVI or DUI if this happens to you. Do not answer any questions about your prescription medications.


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