How an Attorney Challenges High BAC Evidence
Though BAC test results may seem like solid proof, they aren’t perfect. Our legal experts know how to question these tests in court. We examine every detail of how the evidence was collected and handled.
Law enforcement officers are required to follow precise procedures for BAC testing. This includes proper calibration of breathalyzer test equipment, correct handling of blood samples, and maintaining documentation of who handled the evidence. If police make mistakes in these areas, we can challenge the evidence obtained.
Timing is crucial in BAC testing. Your blood alcohol content changes as your body processes alcohol. Your BAC while driving might be lower than when you were tested later. If there was a delay between your traffic stop and when your test was done, we can use this fact to help your defense.
At Summit Defense, we have special training in challenging breathalyzer test results and blood tests. We stay updated on the latest science and legal rulings about BAC testing. This knowledge helps us find weaknesses in the prosecution’s case against you.
Common Defenses for DUI Charges with Elevated BAC
Even with high BAC readings, several effective defenses can help you avoid a DUI conviction. These strategies have helped many of our clients throughout the Bay Area.
Improper testing procedures are common in DUI cases. Breathalyzers need regular calibration to provide accurate results. If the device wasn’t properly maintained or the officer lacked proper training, the results may be thrown out. Field sobriety tests done on uneven ground or in poor lighting can also be questioned when presenting evidence in court.
Medical conditions can cause falsely high BAC readings. Conditions like diabetes, acid reflux, and GERD can produce substances that breathalyzers mistake for alcohol. If you have these conditions, we can use this information in your defense.
The rising blood alcohol defense works well when there is a delay between driving and testing. If you drank shortly before driving, your BAC might have been legal while driving, but illegal by testing time. This creates reasonable doubt about your level of intoxication when you were actually behind the wheel.
We’ve successfully challenged high BAC evidence in many cases. In one case, our client faced a DUI charge with a 0.14% BAC. We discovered the breathalyzer had calibration problems affecting its accuracy. The charge was reduced to a lesser offense with minimal penalties.
Understanding the Legal Limit for BAC in DUI Cases
Blood Alcohol Content (BAC) measures the percentage of alcohol in your blood. Police use this to determine if you’re legally impaired while driving your vehicle.
The legal BAC limit exists because research shows alcohol impairs driving skills. As BAC rises, your reaction time, judgment, and coordination get worse. These limits help reduce the increased risk of accidents caused by impaired driving.
Different drivers have different legal BAC limits. Commercial drivers and drivers under 21 face stricter rules than regular drivers. These standards reflect the greater responsibility of some drivers and the zero-tolerance approach for underage drivers.
How California Defines the Legal BAC Limit
In California, the standard legal BAC limit is 0.08% for most drivers. If you test at or above this level, you can be charged with a DUI offense. Even with a lower BAC, you can still be charged if the officer believes alcohol affected your ability to drive safely.
Commercial drivers have a stricter limit of 0.04% BAC. This lower threshold exists because impaired drivers operating large trucks or buses pose a greater danger. A DUI can end a commercial driver’s career and remove their driving privileges permanently.
For drivers under 21, California has zero-tolerance laws. Any measurable amount of alcohol (0.01% or higher) can result in a DUI charge. This strict rule aims to prevent underage drinking and driving.
California also has “enhanced penalty” thresholds:
- BAC of 0.15% or higher: increased penalties
- BAC of 0.20% or higher: even steeper consequences, including mandatory installation of an ignition interlock device
These higher penalties reflect the greater danger posed by heavily intoxicated drivers.
Penalties for Exceeding the Legal BAC Limit
A first DUI conviction in California can bring serious penalties:
- Up to six months in jail
- Fines from $390-$1,000 (often over $3,000 with assessments)
- Six-month license suspension
- Mandatory alcohol education programs
- 3-5 years of probation
- Higher insurance rates
With a BAC of 0.15% or higher, you face enhanced penalties. These include longer alcohol programs (9 months instead of 3), higher fines, longer license suspension, and a greater chance of jail time even as a first offender.
For BAC readings of 0.20% or above, penalties get even tougher. You may face:
- 18-month alcohol treatment programs
- Mandatory installation of an ignition interlock device
- Longer jail sentences
- Extended license suspensions
Prior DUI convictions combined with high BAC can result in felony charges and possible imprisonment. If convicted of multiple DUIs, your life can be seriously affected with long-term consequences.
Defense Strategies for High BAC DUI Cases
We look beyond just the BAC numbers to defend your case. We investigate the circumstances surrounding your arrest, police behavior, and possible rights violations. Even with high BAC, there are often multiple ways to build a strong defense.
The legality of your traffic stop is crucial. Police must have a valid reason to pull you over. We check if the officer had probable cause for the stop and DUI investigation. If your rights were violated, we can file to suppress all evidence, potentially dismissing your case.
We question test administration and reliability. We check if the person giving your test was properly certified, if the equipment was correctly calibrated, and if all required procedures were followed. Scientific evidence is only admissible if proper protocols were followed.
Our team builds custom defense strategies for each client’s unique circumstances. We analyze your case from multiple legal and scientific angles. This approach helps us find the most effective defense for your situation, improving your chances of reaching the best possible outcome.
Can You Fight a DUI with Higher BAC Levels?
Yes, you can fight a DUI charge with higher BAC levels. Many people win these cases with good legal help. While a higher BAC makes your case harder, it doesn’t make conviction automatic.
We look at all aspects of your case, not just the BAC reading. From the reason for your traffic stop to how evidence was collected, we examine everything. Even with a high BAC, if police violated your rights or made mistakes, your case could be dismissed.
Police procedure errors often provide the best defense in high BAC cases. Officers must follow strict rules during DUI investigations. Common mistakes include:
- Stopping you without reasonable suspicion
- Doing field sobriety tests incorrectly
- Skipping the required waiting periods before breathalyzer tests
- Mishandling blood samples
Any of these errors can invalidate the evidence against you and help you avoid getting a DUI ticket.
Our team has won many high BAC cases. In one case, our client had a 0.16% BAC, but we got a dismissal by proving the officer lacked probable cause for the stop. In another case with 0.19% BAC, we showed the breathalyzer wasn’t properly calibrated, resulting in reduced charges.
Contact Our DUI Defense Attorney for a Free Consultation
High BAC DUI cases can be won with the right legal team. Even if your test results are well above the legal limit, good defense strategies can help. The key is having lawyers who understand both the science of BAC testing and DUI legal requirements.
At Summit Defense, we have extensive experience defending DUI cases throughout the Bay Area. Our attorneys have special training in challenging breathalyzer and blood test results. We’ve helped many clients get reduced charges or dismissals despite strong evidence against them.
Don’t face a DUI charge alone. Call us today for a free consultation about your case. We’ll look at your arrest details, explain your options, and outline defense strategies for your situation. The sooner you contact us, the more time we’ll have to build your defense. What seems like a hopeless case might have several defense angles that only experienced DUI attorneys would recognize.
Many people think that a high BAC test means you’ll automatically be convicted of DUI. This isn’t true. Even when your blood alcohol content is over the legal limit, you still have options. Having a good lawyer is key to fighting your DUI charge.
