Do BAC levels impact your DUI defense options?

Most states have implemented the nationwide measure of an .08 percent blood alcohol content (BAC) to measure whether an adult driver is intoxicated or not. States provide even lower measures for drivers under 21 or drivers of commercial vehicles. If a driver's BAC is below these stipulated measures, there will be no criminal charges or administrative issues for the driver. However, if a driver's BAC is at a borderline measure, the driver can make an attempt to earnestly contest the validity of the testing equipment. In this case, it is advisable for the driver to have an experienced attorney representing him or her because an attorney will know how to make discovery requests to ascertain the method and device used to measure your BAC, to ask about the equipment's calibration, settings and maintenance.

In defending against a borderline BAC, the attorney may employ the following:

• If possible, the attorney may ignore the specific readings of the BAC testing and attempt to dispute the legality of the traffic stop as well as question whether probable cause existed to request further testing;

• Next, the attorney will consider whether the arrest was lawful and if he or she can prove that the stop was indeed not lawful, can seek to exclude any evidence used against a driver. For example, if the driver was not properly Mirandized, the attorney can seek to contest the charges.

• Finally, as a last effort, the attorney may probe the accuracy, validity, and legality of the blood alcohol testing methods, equipment, and results.

To create a valid defense against a DUI charge, you may have to contest the alleged BAC measure. An attorney will be more experienced in doing this. Consult with an attorney to further discuss contesting DUI BAC levels.