Persons who are pulled over and subsequently arrested on suspicion of DUI in the state of Arizona need to be very familiar with the state's BAC laws. An individual's blood alcohol concentration is the most frequently used metric of alcohol intoxication, thus making it a widely recognized method of testing among both legal and medical professionals alike. Accordingly, DUI defendants need to be equally as familiar with the different methods of testing BAC in order to effectively fight their charges in court.
To ensure that you stand the best chance at successfully having your DUI charges dropped, you should not wait to align yourself with a Phoenix DUI lawyer from the Rosenstein Law Group. Doing so will enable you to actively fight the allegations that have been made against you by challenging the specifics of your case, particularly as they pertain to your BAC level. For example, if it can be proven that the methods that were used to test your blood alcohol content were ones that have been known to yield inaccurate results, then you can viably challenge your case in court.
In Phoenix, Scottsdale or elsewhere in Arizona, call Rosenstein Law Group at 480-248-7666 for a free consultation.
The Progressive Effects of Alcohol on Your BAC
Typically, persons who are found to be driving with a BAC of .08 percent or higher are said to be driving under the influence, and can be arrested as such. There are cases, however, in which persons with a BAC level below the standard .08 percent can still be arrested for intoxicated driving. Generally, a person's level of impairment from alcohol will progress as follows:
- .010-.029: Very subtle effects on impairment that can only be detected through special methods of testing
- .030-.059: Effects on concentration
- .06-.09: Impairment of a person's depth perception, reasoning, peripheral vision and glare recovery
- .10-.19: Impairment of a person's reflexes, gross motor control and reaction time; additional symptoms at these stages include slurred speech, staggering, temporary erectile dysfunction and the possibility of temporary alcohol poisoning
- .20-.29: Severe motor impairment at this stage, including possible loss of consciousness and memory blackout
- .30-.39: Impairment of a person's bladder function, heart rate and breathing patterns; disequilibrium may also be experienced at this time
- .40-.50: Impairment of a person's breathing and heart rate; risk of positional alcohol nystagmus
- >.50: High risk of alcohol poisoning and possible death
Challenging Your Charges
One of the most crucial components involved in challenging the DUI charges that have been made against you is that of your BAC level. Specifically, how your BAC level was determined. Currently, many different methods of measuring a person's BAC level exist; however, none of these have been proven to yield results that can be relied upon as 100 percent accurate. Most frequently, a person who is suspected of driving under the influence will be tested in one of the following five ways:
- Urine sample
- Saliva sample
- Hair follicle sample
- Blood test
- Breath test
Most often, however, law enforcement officers will utilize one of the last two methods – blood or breath testing – to secure the results they need to make an arrest. Furthermore, because blood tests are considered to be a highly invasive method, the breath test is much more heavily used. This is a fact that can often be used to the DUI defendant's advantage, because breath tests are known to produce results that are less than accurate.
In a court of law, the breathalyzer test is recognized as an acceptable method of gathering evidence in a DUI case. When doing so, however, the fact that breathalyzer tests can yield results that vary by up to 15 percent from a person's actual BAC level must be taken into consideration. In fact, this is such a common problem that some courts have actually thrown out the results yielded by a breathalyzer test, questioning the reliability of such machines.
Why You Need a Phoenix DUI Attorney on Your Side
In the aftermath of an arrest for DUI, many questions will arise, only of some of which you may be able to answer on your own. Rather than face the details of your case on your own, or under the representation of a public defender, entrust in the experienced legal defense that can be found at the Rosenstein Law Group. Our professional legal team is fully prepared to help you aggressively challenge the results of your BAC test in court, thus allowing you a better chance at avoiding an ultimate conviction.
Contact a Lawyer
To learn more about BAC and what the Rosenstein Law Group can do for you, contact a Phoenix DUI attorney from our firm.