Can a lawyer beat a DUI case if the BAC was low?

Knowing when to fight a DUI and when to accept the consequences and plead guilty is a tricky decision. Fighting a DUI can be difficult, as states tend to take these charges very seriously. However, if your BAC was close to the legal limit or if you don't believe that the charges were appropriate, you do have a few arguments you can make:

• You can argue that there was no probable cause. In other words, if you weren't acting drunk, weren't swerving, and were pulled over for an unrelated reason (like a broken tail light for example) then you can argue that the officer had no reason to test you for alcohol and that the action was thus an improper search and a violation of your constitutional rights
• You can make a rising BAC argument. Under this argument, you assert that at the time when you were actually driving, your BAC was not actually above the legal limit. Your BAC continues to rise for a period of time after you have been drinking, so if you were not tested until hours after your arrest, then you may be able to argue that you were not actually impaired or above the legal limit at the time when you were pulled over and driving.

A lawyer can help you to determine when to fight a DUI and can help you to increase the chances of successfully fighting the charges, especially when you were at or close to the legal limit when pulled over.