Wrong. In many cases, yes, you can avoid a DUI charge if police officers find that your BAC is under 0.08 percent. However, that is not always a guarantee against criminal charges. For example, if you were swerving all over the road, you could face charges even with a BAC of, say, 0.06 percent. Even the Delaware DMV website states that anything more than 0.05 percent is enough to get you arrested. Part of the reason behind this is that alcohol affects people differently. You may not have drunk in years, so it could have taken just one or two glasses of wine for you to drive unsafely. Meanwhile, someone who regularly drinks may still have been able to drive reasonably safely at a 0.06 percent BAC.