State law varies. In Virginia, I can make a DUI arrest for 4 reasons: 1. Probable cause that you are impaired by either alcohol or drugs, based on behavior/physical tests; 2. Blood alcohol greater than .08% by volume (or .08 g/210 L breath); 3. certain per se drug levels in your blood (yes, typically it's an arrest for evidence of intoxication by drugs, with the levels being an issue at court); 4. any combination of the previous.
I can't address what happened in Omar's case, since I wasn't there. I presume that the nature of the accident coupled with a BAC below the legal limit didn't suggest impaired driving.
I can't address what happened in Omar's case, since I wasn't there. I presume that the nature of the accident coupled with a BAC below the legal limit didn't suggest impaired driving.