DWI Lawyer Near Me – Blood Alcohol Content in Dallas Texas DUI
DUI: BAC Limit In Dallas, TX
DUI is the charge you will be facing when you are found driving with alcohol in your system. The terms DUI and DWI are often used interchangeably but under Texas law, there is a difference.
Strictly speaking, a DUI is when a minor, a person below 21 years of age, is found driving under the influence, they are charged with a DUI. It does not matter if they reached the 0.08% BAC (Blood Alcohol Content) limit for non-commercial drivers. Minors should never drive with ANY amount of alcohol in their system.
An adult with a 0.08% BAC is charged with a DWI or Driving While Intoxicated.
You can be arrested if a law enforcement officer suspects you are driving under the influence. Considering there’s no sure way of ensuring you drink without surpassing the 0.08% BAC requirement or other applicable limits, you shouldn’t drive if you have taken alcohol. It’s worth noting that two people who have drunk the same amount of alcohol can have a different BAC.
The percentage of alcohol in your blood after drinking is subject to many things, including your metabolism and size. Individuals with a high metabolic rate can break down alcohol faster, resulting in a lower BAC when all other factors are constant.
Seeking Legal Help When You Are Charged With DUI
In case you are arrested and found to have a BAC exceeding the legal limit in Dallas, call an experienced DUI attorney immediately. The Medlin Law Firm is a leading law firm in Dallas with 79+ years combined experience successfully handling DUI and related cases in Dallas.
Remember for a DUI, the BAC limit is 0%. Any alcohol content in a minor’s system is equal to a DUI charge.
Blood Alcohol Test For A DUI?
DUIs involve a BAC test which can include taking a breath test or blood sample and testing it. The test results are then used as evidence in court.
It’s worth noting that tests aren’t mandatory. You can decline to do a test politely if the officer in question fails to follow due process for stopping and testing. Generally, officers are supposed to get your consent before conducting a test. Unless an officer has a warrant, they must seek your consent first. However, there are exceptions to this rule. For instance, during big events or holidays when judges are always present to issue warrants, refusing a test may not stop BAC testing.
Generally, standardized field sobriety tests precede BAC tests. You can refuse to do the test politely. Some officers can use general observation to make assessments of your sobriety. Your ability to follow directions, multitask, pay attention, keep balance, etc., helps officers establish if you are sober or not. Individuals who exhibit signs of intoxication are usually subjected to blood alcohol content tests.
Defenses Against Blood Alcohol Tests
If you are subjected to a blood and/or breathalyzer test that turns out positive, you can still defend yourself. It’s advisable to hire a seasoned DUI attorney in Dallas to help you fight DUI charges. While the charges are generally treated as misdemeanors, they can be enhanced to more severe charges that attract hefty fines and jail time.
Seasoned attorneys know how to fight such charges by interrogating the facts of the case. Common defenses to DUI charges in Dallas include but aren’t limited to challenging field sobriety tests. As discussed above, tests must follow certain criteria. For instance, a charge can be challenged if the officer didn’t state the Miranda rights.
The test results can also be challenged based on how the sample was collected, the testing technique, storage of samples, etc. The competency of the drug recognition expert or their testimony can also be challenged. This defense is based on the fact that an incompetent expert can’t be trusted to do a test properly.
Seasoned DUI attorneys can seek many other defenses. They can challenge an officer’s testimony, claim the DUI accident wasn’t your fault, use police reports to question an officer’s testimony, and claim violations of your constitutional right i.e., there was no concrete reason to stop you. They could also challenge how you were searched and how the officer/s seized your property.
Given the numerous defenses usable to challenge a DUI case in Dallas, it’s advisable to seek legal advice instead of accepting charges. Here is an in-depth look at popular DUI Defenses to Consider.
Affirmative Defenses To Dallas DUI Charges
You can defend yourself from DUI charges by presenting facts that show it was justified while accepting some/all charges. For instance, a mistake of fact or insanity can be used to fight DUI charges. Duress can also be used if you were forced to drive your car while intoxicated because someone threatened to gain entry. A mistake of fact shows there is reasonable belief negating the culpable mental state needed for a conviction.
A seasoned DUI attorney in Dallas will know exactly which affirmative defenses to use if applicable to your case.
Questioning The Reliability Of Tests
You can also defend yourself against DUI charges by challenging BAC and breathalyzer test reliability. Since the validity of a test is subject to several factors, including how the sample is collected, you can use such scenarios to fight charges. Seasoned DUI lawyers attack the reliability of breath and Blood tests as well as field sobriety tests.
Considering these tests must meet certain legal standards, law enforcement must show they conducted the tests perfectly, resulting in accurate results. Judges can dismiss evidence collected using the wrong procedure or samples that may have been contaminated.
Challenging Probable Cause
Officers must have a good reason/s (probable cause) for them to stop, search and test you legally. Since you aren’t supposed to be arrested without probable cause, your lawyer can use unlawful arrests as an opportunity to have the evidence dismissed even if the testing was done perfectly.
Something such as slurred speech, bloodshot eyes, alcohol odor, and erratic driving can act as a probable cause. However, it must be shown to be the reason for arrest as opposed to something else like a mere suspicion. If an officer doesn’t show probable cause, their arrest can be challenged easily.
Considering there may be many reasons for driving erratically or having bloodshot eyes i.e., being tired and slurred speech can be caused by other things besides intoxication, a seasoned lawyer can challenge DUI charges successfully based on probable cause.
If law enforcement didn’t do a proper arrest or the lab didn’t handle samples correctly, such issues can be used to have DUI charges dismissed. Although most DUI charges attract fines, an enhancement is possible given the circumstances in play. To avoid facing jail time, seek legal help from experienced DUI attorneys only with a proven record of fighting DUI and related charges successfully.
DUI attorneys at The Medlin Law Firm have 79+ years of combined experience challenging DUI charges in Dallas. Since the state must prove all elements of a DUI case, seasoned DUI lawyers know the elements to attack depending on the unique facts of a case.
Summary
Regular drivers in Texas must maintain a 0.08% BAC or less to avoid being arrested and charged with DUI offenses in Dallas. Commercial drivers have a lower limit (0.04%), while drivers under 21 should have a 0% BAC when driving.
The BAC is established through blood, breath, and/or urine tests whose results are used as evidence when charging a person. Considering test results can surpass legal limits because of many factors, including what the victim may have eaten before the test or how the samples were collected and stored, the importance of legal assistance can’t be overlooked. What’s more, the samples may have been collected unlawfully. Even if such results are accurate, they can be challenged.
DUI attorneys can utilize many defenses to fight charges, including the accuracy of the blood alcohol content at testing. Good attorneys can attack the reliability of specific tests. The Medlin Law firm has DUI lawyers that can target all possible weaknesses imaginable. The lawyers are extensively experienced in related subjects like blood alcohol analysis increasing your odds of having your charges lessened or dismissed.
How Many Drinks Should I Drink To Avoid A DUI Arrest & Conviction In Dallas?
In most cases, anyone who takes one or two drinks shouldn’t worry about their blood alcohol content falling past the legal limit. However, the final BAC depends on many factors ranging from a person’s body weight to gender and the drink in question. One drink represents many things depending on the type i.e., beers, liquor, or wine. In regards to liquor, one drink is 1.5 oz -80 proof liquor-40% or 12 oz beer -4.5% alcohol percentage. One drink equals 5 oz of wine with a 12% alcohol composition.
With this in mind, it is possible to be intoxicated beyond the 0.08% limit if you drink three or more drinks. Time also matters. Drinking quickly usually raises the BAC sharply than drinking slowly. What’s more, women get drunk faster than men. Generally, women should drink one drink only while men should drink two drinks to stay within the legal blood alcohol content.
If you are arrested in Dallas for DUI and your BAC is above the legal limits, just get a seasoned DUI attorney to represent you.
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