Can I get a DUI dismissed if I was close to the BAC limit?

Beating a dui charge is never easy, as driving while drunk has serious consequences and serious penalties. Every state recognizes that the consequences of a DUI can be deadly and, as such, state laws and the state courts do not tend to be lenient on those driving drunk. Still, if your BAC was very close to the legal limit, you may have a better chance of having the charges dismissed.

While there are several different arguments you can make to get a DUI charge dismissed, such as an argument that the breathalyzer was not properly calibrated or that the officer wasn't adequately trained to administer the test, the most common arguments people use when they are close to the BAC limit are that:

• They weren't exhibiting signs of impairment and thus there was no probable cause to administer a BAC test. The police can't just test anyone any time they want- the Constitution protects your legal rights and ensures you are subject to testing only if there is a reason to do so
• That your BAC was not above the limit at the time when you were driving. If the police delay in giving you the test- such as, for example, if you wait until you get back to the station to get a blood test, then it is possible to argue that your BAC had kept rising after you stopped driving and that you weren't over the limit at the time when you were behind the wheel.

An experienced lawyer can help you to identify the best argument to make to fight the DUI charges. It is important to call a lawyer as soon as possible after your arrest to have the best chances of beating the DUI.