Drinking and driving is not a decision that most people make wisely. Often, people feel that their own tolerance for alcohol is such that they can have “a couple of beers,” and still make it home safely without hurting ourselves or others. However, with the increase in police department attention to drunk driving offenses, as well as the growing number of DUI checkpoints being set up around holidays and in areas where DUI arrests are high, there is a much greater risk that a decision to have “a couple of beers” could lead to a DUI arrest, albeit one with a low blood alcohol content reading. So, if your breathalyzer has a low reading, how can you beat a Low BAC DUI charge?
A Low BAC DUI Charge
A low BAC DUI charge is defined as an offense where your breathalyzer or other BAC test shows between 0.08 - 0.10% blood alcohol content. This is known as “low,” because it is generally very close to the legal limit in most states. Police officers are encouraged to arrest and charge anyone caught driving under the influence, and in some cases DUI arrests are made of individuals who have a blood alcohol content that is below the legal limit! To defend against these, there are a number of viable options.
- One method is to argue that the margin of error of the testing device was such that you could possibly have been below the legal limit, in which case you would not be able to be charged with a DUI.
- Another method to fight a low BAC DUI charge is to argue that the factors leading to the arresting officer’s determination that you were intoxicated were misinterpreted. If your blood alcohol content had been extremely high, you would have been obviously intoxicated, and it would have shown. However, with a low BAC, the arresting officer may have misinterpreted your natural speech patterns as a slur, for example, or misread your old football injury from college as a stumbling, drunken shamble instead of a natural limp. By calling the officer’s determination of your sobriety into question you can sometimes have the charges dismissed entirely if you have a low enough BAC.
- One final way to fight a low BAC DUI charge is to have a doctor or other specialist testify that your metabolism is different from others. Everyone metabolizes alcohol differently, and it is possible that while you had a marginal blood alcohol content, it was because your body had not absorbed all of the alcohol yet and the test was incorrect.
Getting Help
If you want to fight any DUI charges, it is important to get the help of an experienced DUI attorney. Your lawyer can help prove the breathalyzer or other test was inaccurate or that your BAC really was not over the legal limit, so you can walk away from the DUI arrest without a conviction.
