DUI, DWI arrest charges for driving over the legal alcohol limit, as with all driving under the influence misdemeanors which also involve Marijuana or other drugs, are serious criminal offenses. However you still can beat a case even when your breath or blood test results read over the legal limit of .08 BAC (Blood Alcohol Content).
A court dismissal of the DUI charges can happen for many reasons based on a person’s own arrest scenario, and also because technical problems with the alcohol or drug sobriety tests and equipment are often a major legal factor for a full acquittal of the offense.
It is equally important to know what to expect will occur if convicted, since a driver will receive a permanent criminal record if pleading or found guilty of driving with a test over the legal limit of .08 BAC. Under the new DUI law you will be paying higher than ever before court fines, a driver’s license suspension along with using an Ignition Interlock afterwards, car insurance rate increases or cancellation, and still have to serve possible jail time.
The following information below explains further details on the possible ways of how to beat a DUI, DWI based upon failed BAC test results reading over the legal limit. You can also contact us anytime at your convenience 24/7 for immediate assistance of how we can help find the proper defense to win and clear the charges effectively based on your own personal situation.
What does it mean if the Breathalyzer or blood tests, show I was driving over the alcohol legal limit of .08 BAC?
A DUI/DWI arrest charge issued due to the breath sobriety test results showing a person was driving under the influence of .08 BAC – refers to the amount of alcohol in a driver’s blood. If the level of alcohol in a person’s blood is greater than .08 BAC at the time of driving, then a DUI offense charge will be issued. A person may be convicted of driving over .08 BAC even when they appear sober, if their blood alcohol level is over the legal limit of alcohol.
DUI testing evidence of a person’s blood alcohol level is typically done by of a Breathalyzer or blood test. However as with all these type of operating while intoxicated violations, the prosecution must still prove the case beyond a reasonable doubt. This is a crucial area where your own arrest info can be professionally examined for potential errors or other mistakes made during the course of the arrest process. When we are able to find the right technical or legal defense strategy to use in enough time before a court date, this is how we are able to provide the best possible ways to beat a DUI offense in these science-based cases when a test result shows a person was over the legal limit of alcohol.
How does the prosecution prove a person is guilty of DUI or DWI for driving over the legal limit of alcohol?
For the prosecution to successfully prove a DUI or DWI offense charge for driving over the legal limit, they must show their evidence of the BAC with the driver’s Breathalyzer or blood draw results. Typically what happens is the arresting police officer will testify and produce the sobriety test results of a person’s breath or blood test, which reads over the legal alcohol limit of .08 BAC. While this may sound simple and straightforward, it often times is not. This is because since DUI arrest charges for test results showing a person driving over the legal alcohol limit, is a very technical and complicated area of law.
Under the law in every state to protect a person’s rights, the arresting officers and the prosecution attorney must follow strict set of DUI procedures and protocol to have sufficient proof that a breath or blood test admitted into evidence is valid. A driver’s own arrest specifics must be thoroughly assessed to see exactly how the chemical sobriety tests were collected and processed. This is crucially necessary for the best chances of winning a dismissal, because it often presents the window of opportunity to successfully show how to beat failed test DUI charges for BAC results reading over the legal limit, when it is discovered that proper substance testing procedures were not followed correctly.
How can a person fight to beat a DUI charge offense case for driving over the legal limit of .08?
1. Challenging the grounds of the DUI breath/blood test.
Before the police can conduct a justified arrest for DUI, they must first have proper reason for the initial traffic stop. Next, they must have a valid cause of why they also suspect a driver may be driving under the influence of alcohol, drugs, or even prescription medication. The police can’t demand a test of a person’s breath or blood without first having reasonable or probable cause to do so. Once a persons DUI arrest and BAC details can be reviewed by a skilled DUI lawyer from your area where you will be going to court, they can examine the evidence surrounding the circumstances that led up to your breath or blood test.
Once we can review your arrest info online, it can help determine whether the police had the required grounds to have you submit to a Breathalyzer or blood test. In some DUI/DWI cases, the judge will determine that probably cause did not exist, and the breath or blood test results will not be admitted. Since these BAC test results are most often the best evidence to successfully prove a DUI case, without them admitted as evidence, the charges can be beat or dismissed for an acquittal in many cases.
2. Following the procedure DUI arrests and testing.
The DUI procedure that the police must follow when making drunk driving arrests and taking a person’s breath or blood test, has strict guidelines they must follow. If the proper legal procedure or chemical testing process is not followed, a driver’s DUI test results may be excluded from evidence, even if it initially reads over the legal alcohol limit of .08 BAC. This is another vital area where a local DUI attorney examining your arrest detail free and online through us, can help is discussing whether this may be a factor for dismissal or dropped charges in your particular case.
3. How the results of the DUI breath or blood test for driving over the legal limit is challenged.
For many drivers arrested for DUI, there are valid reasons why the results of the DUI breath or blood test BAC reading is not always accurate.
- The arresting police officer administering the DUI tests may make an error, or were improperly processed, and leads to a wrongful DUI, DWI charge of a driver.
- The Breathalyzer machine may have been improperly maintained, producing flawed results showing a person was actually over the legal limit, when they may not have been..
- The amount of alcohol you drank (before or after driving) may not have resulted in a blood alcohol concentration that was over the legal limit.
- A person’s blood alcohol content may read over the legal limit at the time the DUI test was taken, but was under the limit at the time a person was actually driving a vehicle.
If a person is arrested and charged with a DUI or DWI offense of driving over the legal limit of alcohol, here is what you need to know.
Even when a driver fails a Breathalyzer or blood draw test which reads over the legal alcohol limit of .08 BAC, it does not mean a person will automatically be convicted of a DUI or DWI offense charge. Once a person’s own unique arrest circumstances can be reviewed through us by a specialist DUI lawyer from your area, next they can conduct a detailed analysis of the methods used by the police to collect a chemical analysis sample of your breath or blood.
The reason why this is so important for any type of driving under the influence of alcohol or drug offense, is because the examination may reveal flaws in the DUI arrest which could result in the BAC test evidence against you being excluded in court. This can be one of the best ways of how to beat an over the legal BAC limit DUI arrest charge that is based on results higher than the .08 law.
In order for DUI test results that may have been improperly administered or processed to possibly be excluded from evidence against you in court, they must first be challenged by an skilled DUI lawyer defending your case. Challenges to flawed Breathalyzer or blood test results can often be successful, however it is essential these challenges are made properly and in enough time so getting a DUI, DWI case dismissed is still possible.
Please realize that DUI cases can be won with proper legal help for guidance before the heavy cost and consequences take effect. Given these high penalties, fines, and long-term repercussions involved, you owe it to yourself to seek the best possible defensive action with a free DUI arrest examination with us.
An online review is always performed by an expert local DUI lawyer with a proven record of success defending these types of DUI offenses regarding test results reading over the .08 BAC legal limit for driving of alcohol. Taking this action in time is always the best way to increase the chances of getting a failed breath test case dismissed to entirely beat the charges in court for a clear record.
DUI, DWI Over the Legal Limit Defense 2020, Additional Law References:
- What Are My Chances of Beating a First Offense DUI Case? - November 27, 2020
- How Long Do I Need To Have An Ignition Interlock Device Installed for a First DUI Offense? - November 26, 2020
- How to Find a Good DUI Lawyer – Everything You Need to Know Not to Get a Bad DUI Attorney - November 25, 2020
- Getting a DUI While Parked or Sleeping in Your Car - November 24, 2020
- I Just Got a DUI and Need My License for Work to Keep My Job. What Can I Do to Drive After DUI? - November 23, 2020
- Do You Go to Jail for a DUI, DWI? - November 22, 2020
- I Was Arrested for DUI, but Don’t Have a Court Date Yet. How Long do the Police Have to Charge Me With a DUI Offense? - April 19, 2019
- What Happens if I Can’t Afford to Hire a DUI Lawyer? - April 15, 2019
- How to Get Rid of a DUI, Clear a DUI Charge From Haunting Your Life in 2020 - April 14, 2019
- How Can I Beat a DUI, DWI Charge on a Technicality if There are Police Report Errors? - April 5, 2019