If a police officer informs you that your blood alcohol level registered above a .08, and you know that cannot be right, you can hire a lawyer and fight your charges. An attorney can argue that there was a testing error or another issue that caused the breathalyzer to produce an elevated reading.
A DUI lawyer in Los Angeles can provide the information and representation you need to avoid a serious DUI conviction. Let’s take a closer look at what you and an attorney can do to help you avoid legal consequences in this specific situation.
A BAC Test that Seems Incorrect Can Mean One of Two Things
Law enforcement officers use three different methods to ascertain blood alcohol concentration (BAC): blood tests, breath tests, and urine tests. In California, blood and breath tests are most common. However, none of these tests are reliable in all cases.
If a police officer informed you that your blood alcohol level registered above a .08, but you know that can’t be right, one of the following statements is true:
- You were drinking, but you’re sure you weren’t drunk.
- You did not drink at all, and it’s impossible that you were drunk.
The type of legal defense strategy your lawyer uses to combat your charges will depend on which of the above-listed statements apply to your situation. Let’s take a detailed look at both scenarios so you understand what caused the elevated BAC reading and how a lawyer can help you avoid a driving under the influence (DUI) conviction.
If You Were Drinking
It’s possible for some individuals to have one to two drinks and still be under the legal limit. It’s also possible to have some alcohol still in your system from hours ago or the night before. Generally, if you feel “buzzed” or “tipsy,” you are probably over the legal limit. If not, it’s possible your BAC was below .08%.
Here are some reasons the test may have returned a higher result:
- Testing error: Chemical tests can give false results. In a breath test, this usually means the device wasn’t calibrated properly or has a history of skewing high. In a blood test, it can mean the sample was not properly handled, stored, or tested. A DUI lawyer can find evidence of one of these errors and demand the test results be dismissed.
- Mouth alcohol: The alcohol that a breath test detects is from air deep in the lungs—not the “breath” in the mouth. But if there is a source of alcohol in the mouth, that can throw off results. Alcohol from breath spray, mouthwash, burping, acid reflux, or residue in dentures and braces can all impact breath test results.
- Rising BAC: It’s possible that you were under the .08% limit while you were driving, but your BAC had gone up by the time you were tested. This happens because it takes time for the body to absorb alcohol from the stomach. The most common reason for rising BAC is that the police waited too long to test you.
- Normal variation: All BAC tests have a margin of error. If your results were close to the limit—.08 to .10, for example—you may have actually been under the legal limit. An attorney can likely use a normal variation test result to get your charges reduced or dropped entirely.
As you can see, several BAC test errors can occur when you’ve been drinking. If a DUI defense lawyer finds evidence of any of these errors, they can use it to build a strong defense strategy on your behalf and fight to get your DUI charges dropped or reduced to a less serious offense.
If You Didn’t Drink at All
Some drivers are shocked when they’re arrested for a DUI because they had no alcohol whatsoever. If a police officer informed you that your blood alcohol level registered above a .08 but you weren’t drinking at all, one of the following statements may be true:
- You took medicine that contains alcohol
- You used mouthwash or breath spray that contained alcohol
- You have diabetes
- You eat a low-carb, high-protein diet
If you believe your BAC result was wrong, you need to speak to a lawyer. An attorney can find evidence that supports one of these scenarios and use it to get your DUI charges thrown out. No matter which situation or error caused your incorrect BAC result, you can count on a lawyer to get to the bottom of the issue and protect your rights.
How a Lawyer Can Help if Your Blood Alcohol Level Registered Above the Legal Limit
If you were pulled over and informed by a police officer that your blood alcohol level registered above a .08, there are many actions an attorney can take to protect you from a damaging conviction. Here’s what a lawyer can do to help you avoid DUI license suspension, fines, and other unwanted penalties:
- Investigate your DUI arrest
- Gather BAC test results, footage of the incident, witness testimony, and other pieces of evidence to build your defense
- Negotiate with prosecutors to get a plea bargain
- Represent you during DMV hearings and court appearances
- Present compelling evidence in court
- Provide effective legal advice throughout your case
- Fight to get your charges reduced or thrown out
Learn More About What You Can Do if a Police Officer Says Your BAC Is Above the limit
If a police officer informs you that your blood alcohol level registered above .08, but you know that cannot be right, we strongly recommend that you speak with a Los Angeles DUI lawyer. An experienced attorney can assess your situation, determine if there was an error or issue with the BAC test, and fight relentlessly to get your charges dropped.
Contact us today to schedule a free consultation and learn more about the issues that can lead to an incorrect BAC test. We’ll answer any questions you have about your case and provide the resources you need to protect yourself from a DUI conviction.
