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Defenses Based on BAC Tests

It seemed like the end of the world when you were pulled over after having some drinks, then the handcuffs came, and you ended up in a jail cell. The arrest may have been quite different. You may have had just one drink but were under age. You may have in fact had nothing to drink, but took a legal prescription drug. There are many complexities to a DUI charge. Just because you fail a blood alcohol test (BAC) does not mean you are necessarily guilty. In fact, with some evidence, you can win in court. How? This guide shows you. The Basics of DUI Defense You need a lawyer no matter if you feel guilty or not. Too many simply take the charges, pleading guilty because of a few drinks. There is quite often much more to a DUI case than just having some drinks and driving. Yes, it is wrong to do so. Drinking and driving is very dangerous and that's why those who do so are penalized. However, there is more to the laws than clear guilty and not guilty verdicts. Proof Your Guilty The basic test states use is the breathalyzer test. Though sometimes inaccurate, it's the best on-site test for BAC that an officer has. It can generally prove your guilty. If you also fail a sobriety test – such as walking in a straight line or counting back numbers – it's less damaging. If you also fail a blood test, the most accurate of all BAC tests, you are likely guilty of something, but still have a case for defense. Prove Your Innocent BAC tests are not always accurate; blood tests are the most accurate. Breathalyzer tests can hold in court, but officers often enough fail to use the device correctly. The breathalyzer is usually accurate, but it must be used correctly by the officer. It can be disproved in court. Now, on the other hand, you may have been drinking and driving under age. If you have any level of alcohol in your blood – even as low as .01 in some states – you can be charged. That's a very low number to test for, and a blood test is most accurate. Your defense can be based on the fact the BAC tests were used incorrectly, that you were treated inappropriately by the officer, that the officer never told you your rights or your options when it came to sobriety tests, and many other defenses. You need a lawyer in any DUI case, no matter if you feel guilty or not. How Effective Are BAC Tests? BAC tests are subject to human error. A defense can sometimes prove, with an expert, that the tests were used incorrectly. Also, it's not as easy as it sounds to use a breathalyzer. If it can be proven that the officer botched the test, using it incorrectly, you have a clear defense. BAC tests are supposed to prove guilt. In fact, sometimes they prove innocence. If you're unsure of a defense based on the validity of a BAC test, contact an experienced DUI lawyer.