Can I beat the DUI with a low BAC?
Many drivers submit to the breathalyzer test or a chemical blood, breath or urine test, pass the test but are surprised to find that they still arrested for drunk driving. Many drivers want to know if this legal, and if so, what are the chances of beating the drunk driving charge?
Illegal Blood Alcohol Content
It is illegal in every state to operate a motorized vehicle with a blood alcohol concentration level at 0.08% or above. If you are arrested and the state has sufficient evidence to prove that your BAC was at the illegal limit they can arrest you for drunk driving, regardless of whether there is evidence that your driving was unsafe.
The bottom line is that most drivers are substantially impaired at .08 BAC. For example, studies have shown that most drivers are unable to safely perform critical driving tasks with a blood alcohol concentration at this level. It is estimated that the ability to perform some tasks may decrease 60-70% of what they might be for the unimpaired driver.
Other studies indicate that at the illegal limit the risk of having a car accident also increases substantially. In fact, it could be as much as a 11 times more likely, compared to a driver who has not ingested any alcohol.
Lower Blood Alcohol Content Levels
Now what if your blood alcohol content was less than the illegal limit? Fortunately for you, the state relies heavily on the blood alcohol content test. If your blood alcohol concentration was substantially less than the illegal limit this can help your drunk driving case.
If the state cannot rely on the blood alcohol content (BAC) test they will have to find additional evidence to support the claim that your driving was unsafe and you were not able to safely operate your car. What will the state rely on? They will review not only the police report but also information about the driver’s behaviors, personal observations from the arresting officer, statements made by the driver during and after the drunk driving arrest and the results of the field sobriety test.
Common drunk driving actions can include stopping and starting, driving without the headlights on, running red lights, weaving, and driving too slow. The office will also observe the driver’s physical appearance after the drunk driving stop: are their eyes bloodshot, does their clothing smell like alcohol, is their speech slurred, and do they have difficulty walking. All of these observations taken together, even with a low blood alcohol content level can be sufficient evidence to convict a driver of drunk driving.
Do I need a Drunk Driving Lawyer?
Every day in states throughout the country there are drivers who are arrested and charged with drunk driving without the state relying on the results of the breathalyzer or blood alcohol content test.
Hiring the right drunk driving lawyer will give you the best chance to develop the best drunk driving defenses to beat the charges. Drunk driving lawyers can also evaluate the options which are available to you in your state and jurisdiction. So can you beat a drunk driving charge if your BAC was lower than the illegal limit? Perhaps, but it will depend on the other types of evidence the state has against you.
- Drunk Driving High BAC – How does this affect my DUI penalties? (duiattorneyhome.com)
- Utah Drunk Driving – Administrative license Suspension (duiattorneyhome.com)
- California – Refused a chemical test after drunk driving arrest (duiattorneyhome.com)
- Drunk driving – How long does the prosecutor have to charge me? (duiattorneyhome.com)
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