the DI if they don't have a blood test kind of a complex question the answer is he can be charged with his bad driving right the states going to try to use his bad driving he's going to be charged with DUI less safe um and he they're going to use the fact that he failed to maintain his Lane his reckless driving and those sorts that conduct against him and say well failed to maintain your lane Mr etn we smelled alcohol coming from your breath therefore you must be DUI you you were uh failing to maintain your lane you were you were a less safe driver and because of uh alcohol consumption or signs thereof your bloodshot watery eyes uh alcohol on your breath we're going to use that to try to prove that you are DUI so it sounds like the takeaway is that even if you're not over 008 if you're less safe driver and the state can prove us because of alcohol consumption you can still be charged with a DUI less safe not to mention if you're under 21 like Mr etn the limit is a 02 not a 08 so even without even if they had a test it wouldn't have to be the 08 level