The vast majority of the DUI cases we handle are cases where the client is just barely over the legal limit. They usually say that they thought they were under the legal limit, and the BAC tests show that they were decimals over the legal limit.
However, we also handle a fair amount of cases where the client knew they were intoxicated or was so drunk they failed to make a good decision and they ended up behind the wheel. For individuals whose BAC is two or three times the legal limit, we have to attack these cases a little differently than we would a standard DUI, because we’re not going to make any headway challenging that our client was actually under 0.08. Here’s a closer look at how we work to fight DUI charges for individuals with high BAC levels at the time of their arrest.
High BAC Legal Defenses
When it comes to defending clients against charges if they have a high BAC, we have to look at a few different legal options. We’ll start with how we try to beat the charges and then shift to other ways to handle the criminal charge.
Due Process Violation – Regardless of how drunk you were, if there was a severe due process violation, we’ll work that angle. As we explained in this post, while a failure to read your Miranda Rights may not result in a complete dismissal, it can lead to the suppression of evidence, which can help your case. Also, if police had no reason to conduct a traffic stop in the first place, we’ll challenge this aspect of the arrest.
Faulty Equipment – If the equipment used to take your BAC was faulty or hadn’t been properly serviced, we’ll challenge the case on these grounds.
Inexact Science – Another way we’ll challenge the charges is by examining the results of your breath test. These breath test results aren’t exact, so we’ve successfully argued that our client wasn’t definitively as drunk as suggested by the test. This won’t always help you get out of a DUI, but considering you’ll face aggravated DUI charges if your BAC was above 0.16, we may be able to get the charges reduced to a misdemeanor.
Plea Deal – When the odds are stacked against you, a plea deal is often your best bet. We’ve helped numerous clients get their aggravated DUI reduced to a misdemeanor or even a reckless driving charge. Even if the case seems like a slam dunk for the prosecutor, they are more than willing to take a free win through a reduced plea deal so they can free up their case load and focus on other cases. We always listen to and pitch our own plea deals to see if it’s in the best interests of our client.
If you’ve been charged with a DUI and your BAC was quite high, you need a legal team by your side because the penalties can be severe. To learn how we can help you, set up a free case review session by clicking here or by giving us a call at (952) 224-2277.
