Defending a Low BAC DUI Charge
So you were pulled over for a DUI and your BAC was under the limit? You're not off the hook. Here are your options.
Getting arrested and charged with a DUI is a frightening experience, and even worse is not knowing what you may be facing. First off, if it’s your first offense and there aren’t any aggravating circumstances, like an accident or a BAC above .15 then you likely will not be serving any jail time other than the night after the arrest.
Unfortunately, the other consequences, from insurance and drivers license issues, to community service and DUI classes can prove to be difficult to deal with. Having a DUI on your record can also impact future employment options.
For those arrested and charged with a DUI, conviction is not always a certainty. If the BAC measured, either by blood test or breathalyzer, is relatively low, then there is a good chance of getting the case dismissed, or the charge reduced.
What is a Low BAC?
Generally, a DUI charge with a recorded BAC of 0.08% - 1.0% stands a good chance of being dismissed or reduced in court. Given the quotas that police officers are given, it’s not unheard of to be charged with a DUI even when the measured BAC is below 0.8%. In either case, it’s always in the best interest of the accused to put up a defense against the charge..
How to Defend the Charge
There are several arguments that can be brought up in court to undermine the states DUI case. In case where the BAC is relatively low, then the odds of anyone of these methods being used effectively is greatly increased.
Inaccuracy of Breath Tests
Breathalyzers are notoriously inaccurate. There are a wide array of factors that can influence the reading on a breathalyzer machine. Many chemicals that people are exposed to everyday at work or at home can affect the outcome of these machines. It is possible that these chemicals were present in the lungs and this caused an error in the output of the machine.
Factors Affecting Police Interpretation of Intoxication
One of the main points of the States case is going to be the police officers report of his or her determination of your being intoxicated. While it may be easy to determine someone who has been drinking heavily is in fact intoxicated, having a low BAC means that only subtle factors contributed to the officers decision to arrest. These factors can be argued effectively in court.
Talk to an Attorney
If you’ve been charged with a DUI, it would be a great mistake to go up against the court without first talking to an attorney. An experienced DUI lawyer will be able to hear the details of your case and tell you honestly how good your chances of defeating the conviction are. The particular details of each case vary so much, that it is impossible to write a step-by step guide on how to fight a DUI charge. Always talk to an attorney about your case, and find out what your options are.