When someone you care about faces DUI or DWI charges because blood alcohol concentration (BAC) was over-limit, there are three important things you should know.
1. Arizona’s Motor Vehicle Law Limits BAC
There was a time when motor vehicle operators could drive somewhere in the U.S. with a BAC above 0.08% without breaking the law. Today, every state and the District of Columbia follow the 0.08% BAC rule without exception. Anyone caught driving in Arizona with a blood alcohol level of 0.08% or higher is considered to be alcohol-impaired.
Although states differ on the consequences of DUI/DWI, each jurisdiction addresses three circumstances:
● The operator’s BAC was above the legal limit of 0.08%.
● The operator’s BAC was way above the legal limit. For example Extreme DUI with 0.15% BAC, or Super Extreme DUI with 0.20% BAC and higher.
● The operator is a repeat offender.
2. Challenging BAC Evidence in Court
An experienced DUI/DWI defense lawyer may offer several challenges to the BAC evidence. Mistakes can be made, the equipment can be faulty, and results can be inaccurate. Some of the legal challenges a DUI attorney may use to attack the prosecutor’s BAC evidence are based upon:
● Human error.
● Contamination of the blood sample.
● The lab was unlicensed or unreliable.
● Defective blood test kit, used beyond its expiration date or improperly stored before use in the field.
● Problems with evidentiary chain-of-custody.
● Improperly calibrated test equipment.
3. Consequences of a BAC Over the Legal Limit
The consequences of driving under the influence (or driving while intoxicated) may include:
● License suspension ends driving privileges
● Interlock device installed in the vehicle at operator expense.
● Impoundment of a vehicle.
● Group or individual counseling for drug/alcohol dependence.
● Regular drug/alcohol screening.
● Fines.
● Community service.
● Probation.
● Jail.
One conviction can be very costly, but a repeat offense can be ruinous. Don’t take a chance on escalating fines, loss of license, and jail time. Find a criminal DUI/DWI defense attorney who can help.
Colin Bell is a DUI and Criminal Defense attorney in Phoenix, Arizona. He is Of-Counsel with Stewart Law Group with offices throughout Arizona. The firm has helped many clients navigate the legal complexities of DUI and criminal defense.
