If a suspect shows signs of OUI but has a BAC below 0.08, what is the recommended action?

When a suspect exhibits signs of Operating Under the Influence (OUI) but has a Blood Alcohol Concentration (BAC) below the legal limit of 0.08, it is important to recognize that impairment can still be present due to other substances such as drugs or other alcohol consumption methods not detectable through standard BAC measurements. In such cases, the recommended action is to call drug recognition experts (DREs).

DREs are specially trained to identify impairment stemming from drug use—particularly when alcohol may not be the sole factor. Their expertise allows for a comprehensive assessment of the suspect's behavior and condition. They utilize specific protocols to evaluate the suspect, which includes physical examinations and observations, allowing for a more accurate determination of whether the individual is under the influence of other substances that could affect their ability to operate a vehicle safely.

This approach ensures that all potential causes of impairment are assessed, rather than solely relying on BAC readings, which may not reflect the full picture of a suspect's condition.