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Is getting a dui dismissed for improper BAC possible?
Question:
Is getting a dui dismissed for improper BAC possible?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Getting a DUI dismissed is obviously the resolution that a person charged with DUI hopes for. Because of the seemingly insurmountable evidence against the individual, such as a failed blood alcohol test, this may seem impossible. Fortunately, while defending DUI cases is complex, technical and requires a great deal of experience it is not impossible to get a DUI dismissed, especially if something about blood alcohol test was improper.
What is a BAC?
A blood alcohol test is a blood test that is usually administered by a phlebotomist, a nurse, or a doctor using specially prepared tubes with chemicals that will mix with the blood. The results of the test are used to discover if the individual is over the legal limit for operating a motor vehicle. In every state that limit is .08 for adults over 21.
What could be improper?
The results of the test could be compromised depending on a number of factors, some of which have to do with the defendant and others with the procedure of the test itself.
Get Legal Help
There are many more questions that a DUI defense attorney will ask and investigate during the course of defending a client against DUI charges. If it can be proved that any aspect of the blood alcohol test was improper, your attorney may be able to get your case dismissed. Every case is different and dependent on the unique circumstances surrounding the arrest and the defendant. Contact an attorney today to discuss your case and begin to plan a successful defense strategy, regardless of the the BAC test results were.
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