Can I beat a DUI in Massachusetts if I blew exactly 0.08 BAC?

The Massachusetts DUI laws, like the laws of most states, have set the legal BAC limit at .08 percent. This means that if you blow a .08 percent or higher, you can be charged with driving under the influence in the state if Massachusetts and you can face serious penalties including potential incarceration, fines, probation and community service. If you find yourself in this situation, however, there are a few arguments you can make to try to beat the DUI charges and walk away without a record or penalties.

The most common arguments used by those whose BAC is very close to the legal limit include:

• A rising BAC defense wherein you argue that your blood alcohol level continued to go up for a period after you ceased drinking. If the BAC test was not administered immediately upon you being pulled over, then you can argue that during that delay, your BAC rose... thus, your BAC at the actual time when you were driving was not at or below the limit.
• Lack of probable cause. The police can't just test you whenever they want- there must be probable cause. If there is not, and they pull you over for something unrelated and simply decide for no reason to test you, this can be a violation of your constitutional rights and any evidence they collected can be thrown out.

If you intend to defend yourself against DUI charges, then you need a lawyer to help. An experienced attorney can help you to gather the evidence you need to be successful at fighting the charges.