Can I Beat a DUI Arrest Charge If My BAC Tests Show I Was Over the .08 Legal Alcohol Limit?

Yes, you can still fight a DUI charge and win a case even if you were over the legal limit. 

Here are some proven strategies you can use to potentially beat a DUI case with a breath test over .08 BAC:

• Identify legal flaws: Analyze your case from the beginning to look for legal flaws. You can use legal motions, objections, and arguments to fight a DUI.
• Challenge the evidence: You can challenge the credibility of the evidence or the officer. You can also challenge inaccurate breathalyzer BAC tests, police errors, and medical conditions.
• Show a reasonable doubt: You can show a reasonable doubt that the person was not legally intoxicated.
• Use a rising BAC defense: You can present evidence that the defendant consumed alcohol before driving, but their BAC was below the legal limit while driving. 

Other ways to get out of a DUI charge with test results over the alcohol limit include:

• Excluding test results or other evidence in court because a driver’s rights were violated
• Proving you are not driving
• Proving the officer did not have grounds to stop the person
• Providing objective evidence that the individual was not legally intoxicated

Fighting a DUI Charge with a BAC Over .08 With a Top Lawyer’s Insights

Defending against a DUI charge is a stressful and complex situation, especially when your BAC tested above the legal limit of .08.

While the outlook might seem bleak, remember, you have options and rights which could be the key to getting out of the charges.

This guide, informed by our certified DUI defense attorneys 26 years of firsthand experience, will equip you with the knowledge and next steps to navigate this challenging scenario.

Understanding the Charges:

A DUI charge with a BAC exceeding .08 falls under “per se” DUI laws, meaning the BAC level itself constitutes evidence of impairment.

However, this doesn’t automatically translate to conviction. The prosecution still needs to build a strong case, and there are potential weaknesses they might not have considered.

Exploring Your Best Over the Limit DUI Defense Options

1. Challenging the BAC Evidence:
   • Accuracy of the Test: Calibration issues, improper administration, or contamination can invalidate test results. An experienced lawyer can identify and exploit such discrepancies.
   • Blood vs. Breath Tests: Blood tests are generally considered more reliable, so requesting one instead of a breathalyzer, if applicable, might be advantageous.
2. Challenging the Stop:
   • Unlawful Pullover: If the police lacked probable cause to stop you, any subsequent evidence, including the BAC test, could be inadmissible.
3. Alternative Explanations:
   • Medical Conditions: Certain medical conditions can mimic intoxication symptoms, potentially explaining your BAC level without impairment.
   • Rising BAC: If you were stopped shortly after consuming alcohol, your BAC might still be rising, potentially affecting the accuracy of the test.

Case Reduction Scenario: A Second Chance

Jeremy, a client with a clean driving record, was pulled over after swerving slightly. His BAC measured .09. However, upon investigation, we discovered the officer lacked a strong reason for the initial stop.

Additionally, Jeremy suffers from an inner ear condition that can influence balance tests. By effectively presenting these challenges, we were able to negotiate a favorable outcome or reduced charges, avoiding a DUI conviction and minimizing the impact on Jeremy’s life.

Key Takeaways:

• Time is of the essence. Contact an experienced DUI lawyer immediately to secure your rights and gather evidence.
• Be honest and transparent with your lawyer. The more information you provide, the better they can craft your defense strategy.
• Explore all your options. Don’t assume guilt based solely on your BAC level.

Seeking Legal Counsel is Paramount:

While this attorney guide provides valuable insights for increaseing the odds of getting out of an over the legal alcohol limit DUI case, remember it cannot replace personalized legal advice.

Contact FightDUICharges today for a free consultation and let us help you navigate this challenging situation. We understand the complexities of these type of DUI cases based on failed BAC tests and are committed to protecting your rights and achieving the best possible outcome.

Blowing over the legal limit defense to beat a DUI, DWI in court is achieved most often by legal technicality arguments regarding breath test procedure and reviewing the officer’s police report for common errors that will get BAC results dismissed as evidence in court.

In DUI cases when a person who blows over the legal alcohol limit worries about affordability of a lawyer but still wants to fight the charges to get dropped or cleared entirely, top-rated nearby inexpensive defense attorneys are often an ideal option for trusted DUI help in the area at budget-friendly cost.