Should I fight a DUI if the BAC was low?

A low BAC DUI charge, unfortunately, is still a DUI Charge. This means you still face the penalties that are associated with a conviction for driving under the influence. These penalties may be pretty serious: those who are convicted of a DUI commonly face jail time, the loss of the drivers license for a period of time, a period of probation, community service, higher insurance rates, and a criminal record. These consequences are not something anyone wants to face, and as such, if there are DUI defenses you can use to try to get the charge against you dropped, it is usually worth looking into these options.

With a low BAC, there are several things you can consider:

• You can try to negotiate a deal with the prosecutor assigned to your case, wherein you plea bargain the charges down to something less than a DUI. Some states have a charge called a "wet reckless" for just this situation
• You can use different DUI defenses to try to prove that you shouldn't be found guilty at all. One example of such a defense is a rising BAC defense, wherein you argue that since your BAC keeps going up after you have stopped drinking, that your BAC wasn't actually over the .08 legal limit while you were driving even if it was later

To understand your options for DUI defenses and to have the best chance of a successful fight against the DUI charges, it is imperative you consult with an experienced criminal defense attorney for help.