Beat a DUI: Borderline BAC Results

Given that the difference between a .07% and .08% blood alcohol content reading can mean the difference between a criminal conviction and numerous administrative issues or none at all, persons facing charges based on borderline BAC results resulting arrest should earnestly attempt to contest the validity and accuracy of the blood alcohol content testing. While logical, the reality is that any serious attempt to contest the validity or accuracy of a blood alcohol testing device, method, or result will require a DUI lawyer to make the appropriate arrangements. These arrangements will include making discovery requests about a given arrest, including the method and specific device used to ascertain a driver’s BAC, as well as making other inquiries about the calibration, settings, and maintenance of the DUI testing equipment. This process, which may delve into rather complex forensic and scientific issues such as retrograde extrapolation, partition ratio disputes, challenging the equilibrium of alcohol presence versus absorption, and others, may also require the expert testimony and investigation of a forensic expert.

Main Elements of a Borderline DUI Defense

In practice, the actually method of defending a borderline DUI offense will require pre-determined information about the actual arrest itself, specifically the testing equipment used and timeline of the arrest, to make competent defense arguments about the accuracy of the blood, urine, or breath test results. However, in general, legal counsel will employ the following thought process when attempting to defend against a borderline BAC DUI charge:

• If possible, a lawyer will initially ignore the specific readings of the BAC testing and rather, attempt to dispute the legality of the traffic stop itself and whether probable cause even existed to require further testing

• Next, a lawyer will consider whether the arrest itself was lawful, including the legality of the collection of any evidence used against a driver. This may include disputing Miranda rights, informed consent on refusal to submit situations, and the legality of the field sobriety and ensuing testing

• Finally, if none of the aforementioned methods present the chance of dismissing or suppressing evidence, a lawyer can start to probe the accuracy, the validity, and the legality of the blood alcohol testing methods, equipment, and results themselves

Getting Legal Help with Borderline BAC DUI Cases

In essence, the only effective method of disputing a DUI charge will be through the insight, investigative skills, and representation of a DUI lawyer in the jurisdiction where your arrest occurred. Consult with a DUI lawyer as soon as feasibly possible following being detained under the suspicion of driving under the influence.