Low BAC DUI: Fighting the Testing Equipment

If you have recently been charged with DUI, yet your BAC level was fairly low, it could be in your best interest to hire a skilled DUI attorney to fight for your rights and avoid being labeled a DUI driver along with all the consequences which accompany the label. The consequences of a DUI conviction, even when the BAC is low, can be severe, combining high fines, license suspension or revocation and skyrocketing insurance rates, not to mention the difficulty you may have getting a job, or traveling outside the United States. 

The Consequences of Fighting

The biggest short-term consequence of fighting a DUI case is the "prompt suspension law" in place in some states which means that if your BAC is 0.08 or higher, the judge can suspend your license while the case is pending. For the first thirty days following that suspension, a good DUI attorney can likely get you a hardship driving privilege which will allow you to to drive to and from work. After the thirty days are up, you may be able to get a conditional license through the DMV which will allow you to do most of your regular driving, although recreational driving could be limited. 

Does It Make Sense?

In most circumstances it does make more sense to fight the charge, at least through motions and suppression hearings filed by your lawyer. Most especially in the following cases, you should probably fight the charges:

• The only offer is to plead guilty to the charge (you have nothing to lose by fighting)
• The BAC is 0.09 or below, and especially at 0.06 or 0.05, as this creates a number of issues
• The BAC is 0.18 or above, as the reduction from this charge is negligible, so you have little to lose
• There was an accident and someone was injured--if you are charged with something more serious you may also get sued in civil court
• There are significant problems with the prosecution's case. 

Faulty BAC Testing Equipment

The equipment used for breath tests has been under scrutiny for a number of years, and many models are well-known to produce faulty readings. Additionally there are a number of factors which can lead to a false reading on your breathalyzer test, including certain types of food, over-the-counter medications and certain medical conditions. Law enforcement personnel may additionally fail to use the breathalyzer properly, or fail to maintain and re-calibrate the units as required. 

Legal Help

If this is your first DUI offense and there are no aggravating circumstances, the chances are you will not serve any jail time other than a night in jail. Especially if your BAC was relatively low, you should hire the best DUI attorney available and fight the charges. It is entirely possible that due to faulty equipment or police misconduct your attorney might be able to get you either a substantially reduced charge or get the charges dropped entirely.