Understanding BAC and Its Significance

BAC is a measurement of the concentration of alcohol in your bloodstream. Law enforcement uses BAC levels to determine impairment, with a BAC of 0.08% or higher being the legal threshold for DUI in California. However, several factors can affect BAC readings, and these factors can be leveraged to challenge DUI charges.

Defense Strategies Against BAC-Based DUI Charges

1. Questioning the Accuracy of BAC Testing Devices

• Breathalyzer Accuracy: Breathalyzers are commonly used for on-site BAC testing, but they are not infallible. Factors such as device calibration, maintenance, and proper usage can impact the accuracy of readings. An improperly calibrated or poorly maintained breathalyzer can produce false high readings.
• Blood Test Reliability: Blood tests are generally more accurate than breath tests but are not immune to errors. Issues such as improper sample handling, contamination, and delays in testing can compromise the accuracy of blood test results.

2. Challenging the Testing Procedures

• Improper Administration: The administration of BAC tests must follow strict protocols. Any deviation from these procedures, such as incorrect timing or failure to observe mandatory observation periods, can render the test results unreliable.
• Chain of Custody Issues: The integrity of blood samples depends on a secure chain of custody. If there is any break in the chain or mishandling of samples, the results can be contested.

3. Medical and Physiological Factors

• Medical Conditions: Certain medical conditions, such as acid reflux, diabetes, or low carbohydrate diets, can affect BAC readings. For example, acid reflux can cause alcohol from the stomach to enter the mouth, leading to inflated breathalyzer results.
• Individual Metabolism: Variations in individual metabolism rates can affect how quickly alcohol is absorbed and eliminated from the body. This can lead to discrepancies in BAC levels at the time of driving versus the time of testing.

4. Rising BAC Defense

• Absorption Time: Alcohol takes time to be absorbed into the bloodstream. If you had consumed alcohol shortly before being stopped, your BAC might have been below the legal limit while driving but increased by the time you were tested. This is known as the “rising BAC” defense.

5. Improper Stop and Arrest

• Lack of Probable Cause: A DUI arrest must be based on probable cause, meaning the officer must have a reasonable belief that you were driving under the influence. If the traffic stop was conducted without probable cause, any evidence obtained, including BAC results, may be inadmissible in court.
• Violation of Rights: If your rights were violated during the stop or arrest, such as being denied the right to an attorney or not being read your Miranda rights, the case against you could be weakened.

6. Witness Testimony and Surveillance Footage

• Witnesses: Testimonies from passengers, other drivers, or third parties can help refute claims of impaired driving. They may provide evidence that contradicts the officer’s observations or the circumstances leading to the stop.
• Surveillance Footage: Video footage from traffic cameras, dashcams, or nearby businesses can offer objective evidence about your driving behavior and the circumstances of the stop and arrest.

The Importance of Legal Representation

Defending against DUI charges based on BAC levels requires a thorough understanding of both the legal system and the scientific principles behind BAC testing. An experienced DUI attorney can scrutinize the evidence, identify weaknesses in the prosecution’s case, and develop a robust defense strategy. They can:

• Investigate the accuracy and reliability of BAC testing devices and procedures.
• Examine medical and physiological factors that could affect BAC readings.
• Challenge the legality of the traffic stop and arrest.
• Gather witness testimonies and surveillance footage to support your defense.

Conclusion

Defending against DUI charges based on BAC levels involves challenging the accuracy of testing devices, questioning the procedures used, considering medical and physiological factors, and exploring legal defenses related to the stop and arrest. An experienced DUI attorney is crucial in navigating these complexities and protecting your rights. By leveraging these defense strategies, you can effectively contest DUI charges and work towards a favorable outcome in your case.