Being pulled over and charged with drinking and driving is a harrowing experience. You will have to defend criminal charges against you as well as fight to keep even a limited right to drive. The way most DUI’s come about is by asking to take a breath test after you’ve been pulled over, and the result showing more alcohol in your system than what is permitted by law. Currently, the legal limit is 0.08, but there are initiatives to have this lowered.

The NTSB is pushing for the legal limit to be lowered three hundredths of a percentage. One report on the issue has this to say:

  • The most recent request to lower the legal limit is the third one made by the NTSB since 2013.
  • A level of 0.05 may be too low for most motorists, because slight impairment may exist at this level but not full blown intoxication.
  • Any change in the current law would require an act of Congress, and that would also mean any state where the limit is lowered would need to have ties to federal funding for their interstate system. Most states do have this type of connection to the federal government when it comes to their roadways, so this hurdle is not one that is large enough to stop an increase if that is the decision made by Congress.
  • If the limit is lowered, an increase in DUI cases is likely.

The problem with a lower limit is that people react differently to alcohol in their system, and a limit of 0.05 could mean drivers are being charged with DUI when there was no actual impairment. This would require more defendants to aggressively defend DUI cases, and in particular the need to look for flaws in the test itself. Common flaws include an improper calibration of the testing equipment, a failure to follow testing protocol by the one administering the test, or the existence of legal substances in the defendant’s system with alcohol-like characteristics. Our team of experienced DUI and criminal defense attorneys is familiar with various defense strategies when it comes to defending DUI cases. Call us today for a review of your case, and to find out which strategy will work for you.

If you have questions about DUI defense, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.