BAC Below the Legal Limit?

FIRST, the state can prove a per se violation. If the state can successfully introduce the blood alcohol evidence at the time of your driving and if your blood alcohol is above a .08% BAC, you will be convicted of drunk driving. Therefore, it is critical to present the best defense possible by having your attorney examine the operation of the Alcotest or Breathalyzer machine used in your case.

When scrutinizing chemical test devices, we may find deficiencies in its operation when you were tested. There may have also been deficiencies in its maintenance before and after you were tested. Our attorneys will examine the police records to determine whether the breath testing machine was working properly. It may be possible to keep your BAC reading out of evidence.

SECOND, even without the breath test evidence, the state can prove that you were intoxicated merely by the observations of the officer. Observations of your driving, your speech, the smell of your breath, and your performance on certain standard field sobriety tests can be used as evidence to convict you.

There are many misconceptions, pitfalls, and misuses of the field sobriety tests by prosecutors and police. If the state is attempting to convict you using these observations alone, you should contact an attorney immediately as you may have defenses you are unaware of.