BAC Defense in DUI

Driving with a blood alcohol concentration (BAC) of 0.08% or greater violates DUI laws in all states.  Therefore, law enforcement officers typically utilize tests to prove the existence of an illegal BAC, including field sobriety tests, breathalyzers, and blood testing.  Given this scientific evidence in support of the criminal charges against you, it is essential that you mount a scientific blood alcohol defense in order to effectively fight off a conviction for DUI. 

BAC Defense Strategies in DUI Cases

Traditionally, breathalyzer results are more vulnerable to attack than blood testing results, but both methods of measuring BAC are dependent on certain procedures.  For instance, there are accepted scientific standards for the processing of blood samples and analysis of these samples for BAC measuring purposes. Blood samples must be drawn by a certified individual, and properly preserved so as to maintain the chain of custody.  Likewise, this chain of custody must be properly documented so as to render the test results legally admissible in court.  For these reasons, it is common for a defense attorney to request retesting at an independent lab.  If substantially different results come out of the retest, then there may be grounds for dismissing the charges.

Blood Alcohol Absorption Time

Another example of a medical basis for disputing the veracity of blood testing for BAC purposes is the rising alcohol defense, or the fact that alcohol does not absorb into one’s blood stream until approximately fifty (50) minutes following its consumption.  Therefore, the fact that a driver’s BAC level measured by breathalyzer some time after an arrest is over the legal limit does not necessarily mean that his or her BAC level was over the legal limit at the time that he or she was actually driving.

Medical and Dietary Conditions Effecting BACs

There are a number of scientific alcohol defenses for challenging the reliability of breathalyzer test results, as well.  For example, people who are maintaining a strict diet plan, such as the Atkins Diet, can develop a type of condition that may register on a breathalyzer as over the legal limit.  Similarly, mouth alcohol can fool a breathalyzer machine; if residue from a cough medication containing alcohol becomes lodged in one’s dentures, for instance, a false BAC might register on a breathalyzer test.  Finally, Gastroesophageal Reflux Disease (GERD) is a medical condition that can result in a false positive on a breathalyzer.  If the person has recently experienced the reflux that is inherent in this condition, then he or she may exhibit an illegal BAC level when tested using a breathalyzer. 

Evidence for BAC Defense Strategies

As BAC levels are based purely on scientific evidence, a defense that is also grounded in scientific evidence is likely to be compelling to a jury or judge.  Using scientific arguments to combat DUI charges, whether they are measured by breathalyzer or blood testing, can result in reduced or even dismissed criminal DUI charges.  This can lessen the impact of a DUI arrest on you and your family, in that you may face fewer penalties; furthermore, there is a chance that you can beat the charges altogether by utilizing one of these scientific defenses. 

Getting Legal Help

Given the strength of science to support illegal BAC levels based on breathalyzer and blood test results, it is essential that you engage the services of an experienced DUI attorney in order to defend you against the potentially severe consequences of a DUI conviction.  By using science itself to challenge the reliability of BAC test results, you may be able to substantially reduce or even avoid a DUI conviction.