YES, under impairment theory you can still be charged with a DUI. If you have alcohol in your system prosecutors may still try to prove your were under the influence. To do this they must prove the alcohol affected you to a degree that renders you incapable of safely driving or exercising actual physical control of the vehicle. See Sheriff v. Burcham, 198 P.3d. 326 (2008).
In cases where the BAC is below .08, the totality of the circumstances will be weighed to determine if you are under the influence. Certain facts will be used against you. Your driving patterns and mannerism will be used against you. If one causes an accident, is at fault and there is alcohol in your system, then the prosecutions has a strong argument for a DUI conviction. They will argue that this amount of alcohol caused you to be under the influence to a degree that rendered you incapable of safely driving your vehicle, which is evident by the accident.
However, not all cases are a sure wins for the prosecution. There may be a video showing your driving was perfectly safe or law enforcement might not have even observed your driving. After all, accidents do happen.
If you have been charged with a DUI call my office at 702-895-9111 for a free consultations in person or over the phone.
This is not legal advice. This does not create an attorney-client relationship. Always seek counsel.