A Driver’s Blood Alcohol Content is Debatable

by | Oct 17, 2016 | DUI | 0 comments

When police officers detain a driver on suspicion of DUI, they usually test his or her blood alcohol content (BAC) or administer a field sobriety test to determine whether to press charges. Yet, even motorists charged with DUI due to high BAC results can work with a Michigan DUI lawyer to argue that their BAC was below the legal limit while operating the vehicle.

A Michigan DUI Attorney explains BAC
Blood alcohol content, or blood alcohol concentration, is the percentage of alcohol in a person’s blood. Although not all drivers are familiar the complexities of BAC, Michigan DUI lawyers know that a person’s blood alcohol content increases and decreases in stages over time.

  • In the first stage, or the absorption phase, a drinker’s BAC surges as the ingested alcohol courses through his or her body.
  • The drinker’s blood alcohol content eventually plateaus.
  • Then, the person’s BAC decreases as his or her liver processes the alcohol. Michigan DUI lawyers label this stage the elimination phase.

Potential Defense Arguments
A Michigan DUI lawyer may argue that a defendant began driving immediately after consuming an alcoholic beverage and therefore had not reached the first BAC stage when he or she was operating the vehicle. By this argument, the defendant’s blood alcohol content could have been below the legal BAC threshold while driving but above the legal threshold when breathalyzed by law enforcement agents.

Limits to This Type of Defense
A defendant’s Michigan DUI attorneys will not initiate this defense if is not believable and supported by additional evidence. For instance, jurors will most likely not believe that a defendant’s BAC measured below the legal threshold if his or her breathalyzer results were above the threshold and he or she performed poorly on several field sobriety assessments.

In addition, Michigan DUI lawyers may be limited to utilizing this tactic only in certain geographical areas as some districts enforce stricter BAC laws.

You Don’t Have to Be Convicted for DUI
If you have been charged with DUI because of your recorded blood alcohol content, a Michigan DUI lawyer could fight your charges. Don’t wait another day to contact the Law Offices of Christopher Trainor & Associates at (800) 961-8477.

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