When a person in Pensacola or anywhere in Florida is arrested for driving under the influence, they might have a vague notion as to how the blood-alcohol content (BAC) is used to justify the charges. However, there are important points that people must be aware of as they strive to formulate an effective defense and avoid the worst possible penalties for a conviction. Since there can be jail, fines, the loss of driving privileges and other problems, it is imperative to consider all options when combating the charges. That includes questioning the BAC and the testing procedures. Legal advice may be crucial.
Understanding legal presumptions with BAC levels
The key to a DUI charge is often whether the person’s faculties were impaired when they were behind the wheel. For those whose BAC was measured at up to 0.08, the legal presumptions will differ based on the level of alcohol in the system. This can impact the evidence and the outcome of the case. For those whose BAC measured at 0.05 or less, there will be a presumption that the person was not impaired and they were able to drive without the alcohol hindering them. If the driver showed signs of intoxication, there still might be a DUI conviction.
If it measured between 0.05 and was less than 0.08, there will not be a presumption either way. Still, this can be considered based on the other evidence in the case. If, for example, the officer assessed the driver’s behavior and concluded that he or she was too impaired to drive safely, this can be a fundamental dispute in the trial. For those who measure 0.08 or higher, this is a foundational piece of evidence that the driver’s faculties were too impaired to drive safely and could be a challenge to defend against when arrested for DUI.
Complex DUI cases may require experienced legal help
Even with these aspects of the law, there are avenues to lodge a defense against DUI charges including questioning whether the testing procedures – breath or blood – were valid and the law enforcement officer and testers adhered to protocol. There could have been viable explanations as to why the driver registered a certain BAC and this can be part of a defense. The officer’s judgment could be faulty in deciding that the driver was impaired. A DUI conviction can cause myriad problems in a person’s life personally, professionally and financially. Having legal assistance can fight the charges and a professional experienced in DUI defense might be able to help.
