How Blood Alcohol Content is Calculated in a DUI Arrest
- Author Violet Ebert
- Published April 19, 2010
- Word count 461
The single most conclusive form of evidence heard against a defendant charged with DUI, or driving under the influence of drugs or alcohol, is blood alcohol content. Also referred to as BAC, blood alcohol content is determined in three distinct techniques. All three are often successfully utilized to prove the exact level of sobriety a defendant exhibits. The defendant’s BAC can be entered as evidence in a courtroom in nearly each state in the U.S.
The initial method in which BAC is determined is through a breathalyzer examination. The accused driver blows a forceful stream of air into an analyzing device, which then screens the level of alcohol present. Most TV shows and films glorify the breathalyzer test, but it is in fact among the least accurate indication of blood alcohol content of the BAC tests used. You'll often find many TV shows feature drunk driving from the officer's perspective and portray them utilizing a breathalyzer unit to check BAC.
The arresting officer informs the accused that they have an obligation to submit to a breathalyzer test. Failure to comply can lead to the DMV, Department of Motor Vehicles, imposing much more serious consequences and license suspensions than if you had simply cooperated and provided a breath sample. Drivers over the legal limit are able to plead remorse, or offer mitigating factors, and even have the evidence suppressed. Drivers who didn't submit to testing cannot later argue on their own behalf as successfully. Additionally, in most states once you refuse to submit to a breath test an added harsh penalty can be added from the court. Typically, this ends in a lengthier license suspension period, a greater fine and/or additional prison time.
A different determining method is a blood test. This testing is incredibly precise, and regarded as the most trusted and reliable type of testing. It is virtually impossible for most attorneys to refute this sort of proof of drunk driving but an experienced drunk driving attorney can still examine the evidence from all perspectives as a way to search for potential defenses. These range from medical explanations, faulty equipment, etc...
Most judges view blood testing for BAC to be an end all in almost all cases. A skilled Seattle DUI lawyer will know how to display evidence in the most advantageous light possible for you based on your unique circumstances, so seek help early on to protect your rights.
A highly skilled Seattle DUI attorney will determine what reasons can be utilized successfully in these types of situations, depending on the evidence presented. No data is always viewed as fail proof, especially in the eyes of Seattle DUI attorneys. There can always be an unusual circumstance within each individual case that can skew the evidence presented.
Violet is a Seattle DUI attorney passionate about handling your personal injury, with ease, speed and professionalism. Trust your case to dynamic Seattle DUI attorneys. A Seattle DUI lawyer can act swiftly on your behalf.
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