A DUI defense attorney can challenge charges that may not be well-founded. While there are very clear laws governing what is illegal regarding intoxication while operating a motor vehicle, there are circumstances that blur the lines. These may show that a law enforcement officer acted inappropriately or against protocol or that the tests administered were faulty.
There is some variance in laws state-to-state. Using Ohio as an example, the legal limit for blood alcohol content (BAC) is the same as in other states – .08 percent. For those young drivers under the age of 21 (the minimum age inOhio) the legal BAC limit is .02 percent. Ohio law states several offenses, which share acronyms with many other states:
DUI … Driving Under the Influence
DWI … Driving While Intoxicated
OVI … Operating a Vehicle under the Influence
Blood tests are by far the most reliable of the three chemical tests to determine the level of intoxication. The other two tests involve urine and breath tests. With the reliability of blood testing, however, comes a potential complication. Law enforcement officials will want to get drivers suspected of intoxicated driving to a testing facility as soon as possible. These tests cannot be done on the side of the road; they must be done by health care professionals at the appropriate facilities. After three hours, any suspected content may be diminished in one’s blood, which is why officers sometimes rush the call to get to a facility. But the facility may be far away. A good attorney will make this an issue in attempting to get charges thrown out, or reduced.
The breathalyzer is something many drivers have heard of. But many do not know that this is largely considered the most unreliable of the testing results. The bottom line is that the technology for this method of testing is fallible. Since it is easier than a blood or a urine test (which can be difficult if the suspect cannot urinate) law enforcement continues to prefer breathalyzers.
Chemical testing measures are all part of the implied consent is granted when applying for a driver’s license. Traffic stops happen very late at night and under extenuating circumstances. As any officer may tell you – you never know what to expect in a traffic stop. That is because each one has a distinct set of circumstances, which an aggressive DUI defense lawyer will likely challenge.