To be charged with DUI, the arresting officer has to have evidence showing that you were driving a car while having more than the legal limit of alcohol in your bloodstream. The way your blood alcohol content (BAC) is measured varies, but the most common methods are blood or breath test. Challenging the test results is an effective defense strategy, but a more important question might just be whether the legal limit is a reasonable limit. There are those that argue the statutory scheme in place calls for a BAC that is too low, making it near impossible to “blow less than the legal limit”.
An interesting article examines whether the BAC is too low, and also makes the following salient points about the crusade against drinking and driving:
- In addition to initiatives to lower the BAC in order to “catch” more drunk drivers, laws have been proposed and passed that increase the legal age to drink.
- Limits on advertising and required warnings within ads has been put in place in an effort to decrease the number of drinking and driving incidents.
- Media reports of the number of accidents attributable to drinking and driving are out of proportion and misleading.
With these types of parameters in place, it is easy to understand how a person can be charged with DUI even if they exhibit no noticeable impairment. Factors not taken into consideration when implementing a legal BAC limit include age, gender, weight, and other personal characteristics. This means a young college female is more likely to be charged with DUI after the same number of drinks than her male counterpart. We recognize that everyone and every case is different, and so take an individualized approach to your case. We work with you to develop a defense that fits the unique facts of your case, and that is likely to yield satisfactory results.
If you have been charged with DUI, contact a qualified criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free consultation and we work with you to reach results that fit your needs.