First, please take the time to read ACI 318 Chapter 21, all of it, including commentary. If you are designing to comply with it, you need to really be familiar with it. Whatever someone tells you here needs to agree with or inform your own understanding of the standard. You are the one responsible for (1) a safe design, (2) compliance with applicable codes and standards, and (3) using engineering judgement in turning codes and standards into a design meeting the location and client requirements.
ACI 318-08 (and I am certain -10 is the same) R21.1.1 says, in part, "...The integrity of the structure in the inelastic range of response should be maintained because the design earthquake forces defined in documents such as ASCE/SEI 7, the IBC, the UBC, and the NEHRP provisions are considerably less than those corresponding to linear response at the anticipated earthquake intensity."
This tells us that even when we think a design is robust enough to stay elastic during greater than code-level events, we still have to design so that the failure of components and members is known and planned to avoid collapse and other similar events. For instance, you would still want to design such that a concrete flexural member would initially fail by (ductile) yielding of steel reinforcement rather than (brittle) crushing of concrete. You would also need to be sure that the distribution of stronger and weaker components was examined to assure that the entire structure remains ductile.
This mandates that you can use any level of design forces you like (in excess of the minimums) but you still must consider the failure modes, and effects of those failures. This requires that you assign a seismic design category, and assure that your design meets of exceeds the minimums for the category.