Can I beat a DUI in North Carolina even though I blew above the BAC limit?

The laws in North Carolina mandate that you can be charged with a DUI if a breathalyzer or blood test reflect a BAC over .08. If you are found to have a BAC above the legal limit, you face potentially serious charges including finds, jail time, probation and community service. Because of the serious nature of the penalties associated with a North Carolina DUI, many people wonder if there is any way to defend a North Carolina DUI charge.

There are in fact a number of arguments you can make to defend the charges against you:

• You can argue that there is some problem with the evidence against you. For example, you can argue that the breathalyzer machine was not properly calibrated according to manufacturers instructions or that the police officer who tested you had missed a training and was thus not properly certified to administer the test.
• You can use a rising BAC defense, wherein you argue that your blood alcohol level actually rose in between the time you were driving and the time the test as administered. Because the amount of alcohol in your blood goes up for a time after you stop consuming alcohol, this defense may work if there was a gap between the actual time of driving and the test.
• You can argue that your Constitutional rights were violated if the officer did not have probable cause to test you for alcohol.

If you intend to use any argument to defend against a DUI, it is important you consult with an experienced attorney who can help you make an argument that is likely to convince the court.