Mosty DUI/DWI statutes have a provision that reads: A person may not operate or be in actual physical control of a vehicle within the state if the person is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle.Wherefore, you can be charged if you are below the legal limit (.08) However, if you hire an attorney, there is a good chance that you could get this dismissed.