How to Beat a DUI Charge with a Low BAC

In DUI cases, dismissal or reduction of the charge in court is a fairly unusual occurrence, simply due to the nature and severity of the crime. When it does happen, it is often due to the fact that the offender’s tested blood alcohol content (BAC) at the time of the arrest was (while above legal limits) fairly low in relative terms. So, what are the rules for how to beat a DUI charge with a low BAC?

How Low BAC Defenses Work

Legal blood alcohol content levels while driving vary by state, but virtually all states consider a high BAC to be an aggravating circumstance in an arrest.

• In general, most offenders charged with DUI whose BAC tested at 0.08% (legal limit) up to 1% are considered on the “low” end of BAC, and stand a much better chance of having their cases dismissed. 
• Therefore, a low BAC is considered a fairly stable defense against a DUI charge.

 
Let’s say you’re charged with a DUI, and you do not believe you were intoxicated above a legal level while driving. Ideally you’d be able to use a low BAC defense to get your case dismissed or reduced. But now let’s say that your BAC was indeed tested… but didn’t test in the “low” range. You can still use a low BAC defense in your favor. 

Using a Low BAC As a Defense

A DUI charge is based on your blood alcohol content at the time of driving – not at the time during which the BAC test was done. Scientific tests have proven the fact that alcohol takes time to absorb into the system. Think about how you feel when you are drinking – you don’t feel the effects immediately. This is because, for most people, it can take anywhere from one to three hours for alcohol to absorb into your system.

Now let’s say that you were drinking and got in your car to drive home immediately afterwards. You are pulled over and charged with a DUI, but the BAC test is not given until later in the process, perhaps after you are taken to the police station. This means that during the intervening time, the alcohol has worked its way into your system, and at the time of the test your BAC is higher than it was while you were driving – potentially higher enough to make the difference between driving under the influence or not.

Whether this type of defense will work in your favor depends on your particular case, but if you think it may apply to you, it’s worth having a discussion with a lawyer regarding your possible legal options.

Getting Help

If you are considering trying to beat DUI charges, having a lawyer can go a long way towards helping you be successful. You should contact a lawyer as soon as possible after your arrest in order to have the best chance of a successful defense.