Does BAC Matter In A DUI Defense?

Driving under the influence (DUI) is a chargeable offense in all 50 states. Alcohol intoxicated drivers will find themselves in trouble with the law should they come across traffic police or a police checkpoint.

Although driving under the influence may be as a result of other prescription drugs, like medical marijuana or hard drugs, trouble with the law for being under the influence is indiscriminate of the facts.  

Should you find yourself faced with a driving under the influence, the first step is to call a DUI lawyer to help you navigate through this complicated process. Once your DUI lawyer has all the facts of your case, they will be able to effectively launch into your defense and advise you on what legal options are available to you.

The importance of BAC in DUI Defense

Driving with a high blood alcohol concentration (BAC) that is beyond 0.08 %is illegal in all 50 states. Given that alcohol is flushed from the human body fairly fast, it is quite easy for the police to measure and determine a motorist's BAC at a road block by simply using a breathalyzer.

If the traffic stop was conducted according to proper protocol and the breathalyzer results show your BAC to be upward of 0.08 then you will be charged for DUI. BAC is a key component in your defense when charged with DUI and a DUI lawyer can effectively argue to dismiss it if it was wrongly carried out or question its applicability to your case if your constitutional rights were violated during the testing..

Even if the BAC is between 0.08 and 0.11 but the accuracy of the reading is in question, then it is less likely that you will be convicted and your DUI lawyer will be in an even better position effectively argue your plea bargain case.

Aggravated DUI

A DUI lawyer is absolutely necessary in the case of aggravated DUI where your BAC recorded as 0.15 and there is loss of life or injury to another as a result of your driving under the influence. In such a case, an experienced DUI lawyer would be able to advice on all your legal options for an informed decision including not to plead guilty unless you are privy to the kind of sentence you would get.

In the case of a DUI defense that is alcohol related the severity of a conviction will hinge on your Blood Alcohol Concentration (BAC). It is worth noting that BAC is related to DUI cases where the driver was intoxicated by alcohol.

In instances of DUI incidents where the driver is under the influence of prescription or illegal drugs, a urine or blood test is conducted to determine the presence and the level of intoxication.

Get in touch with professionals like Thomas & Associates, PC for more help.