Can a person who has driven a car with less than 1 per mille blood alcohol be found guilty of aggravated drunk driving?

The limit for aggravated drunk driving is 1.0 per mille blood alcohol. However, a driver with less than 1.0 per mille blood alcohol may be found guilty of aggravated drunk driving if he or she has caused an accident, or has been driving dangerously and risking an accident.