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If you failed a field sobriety test or a DUI breathalyzer test, in most cases, you will be charged and arrested for driving under the influence. If this has happened, then you need to find an appropriate attorney to help you with your DUI case. The right attorney will tell you about some of the typical DUI defenses and which one is best to work for you. Some of the most typical defenses in DUI cases are: Insufficient evidence for an arrest – in most cases the arresting officer’s observations determine if you will be arrested or not. There are many telltale signs of driving under the influence, such as slurred speech and blood shot eyes. These telltale signs and observations are personal opinions which don’t hold up well in court. Blood shot eyes can mean a lot of things – such as allergies, and your attorney can argue that in court. Being arrested even though you weren’t actually driving – This defense is common when you are pulled over by a police officer while you were getting into your vehicle, while you were stopped at the side of the road or when you’ve just gotten home. Many of the states will allow a police officer to arrest you without having seen you driving while intoxicated, however other states require that the officer prove that you were driving in order for the conviction to hold. Illegal traffic stop or illegal procedure – A police office has to have probable cause to pull you over and if they don’t then the stop is illegal and the driving under the influence charge may be dropped. With that said, if the police officer pulled you over for another, unrelated violation, he or she does not require probable cause to question you if you have been drinking. There are also a variety of sobriety checkpoints on the roadways and anyone can be stopped in those without cause. If you are not given your Miranda rights, you may or may not be able to invalidate a breathalyzer or DUI test. Rising Blood Alcohol Content – The law states that a person is guilty of driving under the influence if their blood alcohol content level is above the limit at the time they are driving, not at the time the test was taken. Alcohol takes time to saturate your blood stream and you may be below the legal limit when you are driving, but it may rise by the time you take the test, even 10 minutes later. This defense works better the longer the time is between being stopped by a police officer and taking the breathalyzer test. Improper testing – The most common test for blood alcohol content are breathalyzer tests, blood and urine tests. If they are improperly used, they can negate the test results completely. Even if you don’t think that any of the above standard defenses will be applicable to you and your DUI case, you should contact a lawyer that specializes in DUI law to see how they can help you with your case.

It is an unfortunate occurrence, however, in some cases, DUI rights are overlooked when you are arrested and charged for driving under the influence. Overlooking a person’s DUI rights is far too common and we are at a place in society where DUI rights are considered to be generally non-existent. Regardless of why you are arrested or what you are charged with, you are innocent until proven guilty and your DUI rights should be continued, exercised and protected. The most basic of your DUI rights is the right to representation (a lawyer or attorney). In many cases, the police will not acknowledge your right to representation, the protection of unlawful search and seizure, and more. The DUI rights have changed considerably, mostly due to public pressure, but they still exist. It is really important that if you are charged with a DUI that you insist on exercising your DUI rights. This will help increase your chance for a fair trial as well as prevent potentially embarrassing and catastrophic social and economic consequences. If you are charged with driving under the influence, the best thing you can do is let the police know that you know what your DUI rights are. You can refuse a handheld breathalyzer test and a field sobriety test. Your DUI rights also allow you to refuse to answer any questions including answering how many drinks you consumed. However, DUI rights do not allow you to refuse your identity and they do not allow you to decline field testing at the jailhouse. When you are booked, ensure that you exercise your DUI rights and make a phone call to a friend, loved one who can find you a lawyer, or to the attorney themselves. There are plenty of attorneys who specialize in DUI laws that are the best suited to represent you if you are charged with a DUI. Driving under the influence is a serious offense and can lead to many charges being laid against you, other than just DUI in some cases. A specialist lawyer in DUI law is the best person capable of representing you and ensuring that you get a fair trial. Driving under the influence charges can be expensive and the consequences can be long lasting. Not only do you face criminal charges, you will also be fined, have to pay an attorney and maybe even lose your license. There are also long-term consequences to be charged with driving under the influence, and that can include severely raised insurance premiums or no insurance at all. While having an attorney is an additional expense, it is one you can ill-afford not to have – it could save you a great deal of time, money and heartache. Your DUI rights are important – they are designed to prevent you from being charged falsely. In order to properly discuss your DUI rights, you should contact an attorney who specializes in DUI laws to help you.

Blood alcohol content, BAC, is the concentration ratio of alcohol in your blood stream. It is measured in three different ways – a percentage by mass, mass per volume or a combination of both. In most countries, blood alcohol content is measured in grams of alcohol per 1000 milliliters of blood.  

It is very difficult to tell what your blood alcohol content is based on how many drinks you have – this is due to the extreme variations in physiology and each person’s alcohol tolerance. However, generally two standard drinks with 20 grams of alcohol will increase a sober person’s blood alcohol content to 0.05%, and consuming one drink an hour after that will maintain the BAC at that level. There is still a wide variety of variations to this calculation based on body weight, body fat percentage and gender. A person’s tolerance to alcohol will also impact the BAC levels. 

Blood alcohol content is directly measured by a laboratory in a hospital, but most commonly if you are stopped for suspected impaired driving, you will be subjected to a breathalyzer, which measures the breath alcohol concentration. 

For the average person, a blood alcohol concentration of .20 represents serious intoxication however most first time drinkers would be passed out by 0.15. Fatal alcohol poisoning levels begin at 0.35 while 0.40 is the accepted lethal dose for half of the adult population. At the same time, a heavy drinker could potentially double those numbers. 

Alcohol has progressive effects on behavior and impairment of mind functions. At a BAC of 0.01 to 0.06, behavior is relaxed, joyous and you experience a loss of inhibition, lowered alertness and a sense of well-being. The functions that are impaired are thought, judgment, coordination and concentration. From 0.06 to 0.10, you have blunted feelings, much less inhibition, extroversion and impaired sexual pleasure. Your reflexes are impaired, as is your depth perception, reasoning, distance acuity, peripheral vision and glare recovery. You are considered impaired at 0.08 BAC. At 0.11 to 0.20, you are experiencing over-expression, emotional swings, you’re loud and boisterous and feeling angry or sad. Your reaction time, gross motor controls and speech are impaired and you are likely staggering. At 0.21 to 0.29, you lose your understanding, you are in a stupor and your sensations are impaired. You have loss of consciousness, severe motor skills impairment and even memory blackouts. At 0.30 to 0.39, you experience unconsciousness and severe depression and death is possible. You lose control of your bladder functions, your heart rate and breathing are at risk as well. Over 0.40, you are unconscious and likely losing control of your breathing and heart rate, and death is more than possible. 

In the United States, the legal blood alcohol content limit is 0.08%, and that is the same in Mexico and Canada as well. Common carriers such as buses are restricted to a 0.01% BAC limit and for aircrafts, pilots are not allowed to fly within eight hours of consumption of alcohol or while having 0.04% BAC volume.