When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
Fighting against a driving under the influence (DUI) charge is not only possible but important to your case. If you are convicted, the punishments are often life-altering. For some time, law enforcement personnel have depended on the results of the breathalyzer test and those results can end up convicting those charged with DUI. Read on to find out more.
The Blood Alcohol Concentration (BAC) Test
If your breath measures at or above .08% at a roadside stop, you will be arrested and charged with DUI. This creates an expensive, embarrassing, and damaging situation for offenders. The consequences could be even worse for those who test at levels much higher than the legal limit, however. Those drivers might see their charges elevated to an aggravated DUI or a felony. This measurement of alcohol as metabolized in the breath has a lot riding on it. Unfortunately, the BAC results may not be all that accurate, leading some to suffer the consequences of an arrest without good cause.
Challenging the BAC Results
Even if you pass all field sobriety tests, you can still be charged with DUI based on your BAC results. Unless the BAC is backed up with a blood draw, you should question the accuracy of the BAC results. This is just one of the reasons why having the expertise and support of a criminal defense lawyer is so important. Lawyers familiar with this form of DUI evidence know about the many ways these tests can be inaccurate. One of the problems, for example, is that the testing device itself is not always properly calibrated. Other issues can affect BAC readings as well.
Rising Blood Alcohol Defense
This is an increasingly common defense and has to do with the timing of the way alcohol affects the BAC. There is no way to accurately measure alcohol in a person's body right after it's consumed. It can take several minutes or even more for it to be detected by a breathalyzer. That means those stopped a few minutes after drinking alcohol may be just as affected by it as anyone else but it won't show up with a breathalyzer. Consequently, testing performed on a driver who drank half an hour ago may actually show more intoxication than affects the driver. The more time that passes the less the effect of alcohol on the person but testing shows just the opposite of that.
Also, BAC results can be influenced by breath mints, toothache medication, belching, the way alcohol levels constantly rise and fall every few seconds. To learn more about DUI defenses, speak to a DUI defense attorney as soon as possible.