Were You Actually Over The Legal Alcohol Limit?

Every state in the country has well-established DUI laws. In Arizona, there are different limits set to establish different charges. For instance, when it comes to minor DUI laws, the law is clear — there’s zero tolerance for drivers under the age of 21 who operate motor vehicles with any amount of alcohol in their blood.

However, the tests used to establish a BAC are often wrong—the Breathalyzer can be faulty or the blood test can be improperly conducted. If you believe you’ve been wrongly convicted of a DUI, a qualified attorney can protect your rights and defend you.

Contact a capable Phoenix Attorney as soon as possible by calling 602-842-0879 or emailing us for information about your case.

Establishing And Contesting The BAC

In any state, a person can be deemed intoxicated if his or her BAC is .08 or greater, and under such circumstances, no additional evidence is needed for a DUI charge. However, even if the BAC is .08 or higher, the case is not necessarily a “done deal” for the state because the individual can contest the charges.

Other instances of DUI arrests are less clear, and can cause headaches for both law enforcement and the individuals involved in the charge. If you or someone close to you was recently charged with DUI, it’s essential to understand the factors which could heighten an otherwise legal BAC, including:

  • Prescription medications: Many prescription drugs inhibit the body’s rate of consumption. In some cases, even a single drink may be enough to pass the legal limit. Be sure you understand if the medications or vitamins you’re currently taking may affect your BAC level.
  • Body type: It may seem obvious, but many individuals forget that physical shape and size also determines an individual’s potential BAC. In generally, a smaller statured person can break down less alcohol per hour than someone of larger stature.
  • Gender: In general, men can break down alcohol at a slightly faster pace than women. For instance, having two beers can keep the average man under the legal alcohol limit. However, the same amount can cause a woman to go above the legal limit.
  • Food: Even having one drink on an empty stomach can create impairment.

It’s also important to note that individuals caught driving with drugs in their systems can also face DUI charges. All the state needs to prove is that the drugs were indeed in their system at the time they were driving. Like underage drinking and driving, driving under the influence of drugs is another zero-tolerance rule.

It’s Not Too Late For Legal Help

If you believe a prescription drug or other factor may have brought you over the legal limit, a lawyer can advise you on your best options. We have helped individuals facing similar situations successfully mitigate their charges, and are ready to do the same for you. Let us investigate your case today.

Call 602-842-0879 or email us to schedule a consultation to determine if you actually were driving over the legal limit.