How DUI Blood Alcohol Content Tests Can Impact Your Case
In Alabama, driving under the influence (DUI) laws are heavily influenced by blood alcohol content (BAC) test results. BAC measures the amount of alcohol in a person’s bloodstream and serves as a primary piece of evidence in DUI cases. Law enforcement officers use BAC tests to determine whether a driver is legally impaired.
It’s important to note that even a BAC result that exceeds the legal limit doesn’t automatically mean a conviction. The circumstances surrounding the arrest, the test administration, and any potential issues with the BAC results can all influence the outcome of a DUI case.
As such, understanding how BAC tests work and the potential weaknesses in their accuracy is crucial for anyone facing DUI charges in Alabama. This knowledge can help you or your lawyer craft a defense strategy that could lead to a more favorable outcome in court.
As a criminal defense attorney in Tuscaloosa, Alabama at Josh Swords, Attorney At Law, I help my clients understand the impact of DUI BAC tests and how they can impact their cases. Read on to learn more about BAC tests in Alabama.
BAC Limit in Alabama
The legal BAC limit in Alabama is 0.08% for drivers over 21, 0.02% for drivers under 21, and 0.04% for commercial drivers. If a driver’s BAC exceeds the legal threshold, they may face DUI charges, leading to severe penalties such as fines, license suspension, and potential jail time.
Types of BAC Tests Used in Alabama
There are three primary types of BAC tests used in Alabama DUI cases. These include the following:
Breath tests (Breathalyzers): The most commonly used BAC test, breathalyzers measure alcohol levels in a driver’s breath and estimate BAC. While convenient and non-invasive, breath tests can sometimes produce inaccurate results due to improper calibration, medical conditions, or residual mouth alcohol.
Blood tests: Considered the most accurate method, blood tests directly measure the alcohol concentration in a person’s bloodstream. However, these tests must be conducted properly, and any errors in storage, handling, or analysis can lead to unreliable results.
Urine tests: Less commonly used, urine tests can detect alcohol consumption but are generally less accurate than breath or blood tests. Alcohol can remain in urine longer than in blood, potentially leading to misleading BAC results.
No matter which test is used, there’s a chance that the results are inaccurate.
Factors That Can Affect BAC Test Accuracy
Several factors come into play that may affect the accuracy of the BAC test. While BAC tests are critical in DUI cases, several factors can impact their reliability. These potential factors include the following:
Improper calibration and maintenance: Breathalyzers require regular calibration to assure accuracy. If improperly maintained, they can produce false readings.
Medical conditions and diet: Conditions like acid reflux, diabetes, and certain diets (e.g., keto diet) can interfere with breath test results, leading to falsely elevated BAC levels.
Mouth alcohol contamination: Using mouthwash, breath sprays, or consuming certain foods before testing can affect breathalyzer readings.
Delayed absorption: Alcohol absorption varies based on food intake and metabolism. A rising BAC level can result in a higher reading at the time of testing than at the time of driving.
Improper blood sample handling: Blood samples must be stored and transported correctly to avoid fermentation or contamination, which can affect accuracy.
By understanding these factors that impact BAC test accuracy and reliability, DUI lawyers can build a case that supports the best interest of their client.
Legal Consequences of Failing a BAC Test
Failing a BAC test in Alabama can result in severe legal penalties. These legal penalties include:
First offense: Fines between $600 and $2,100, up to one year in jail, a 90-day license suspension, and mandatory DUI school.
Second offense: Fines between $1,100 and $5,100, up to one year in jail, one-year license revocation, and an ignition interlock device requirement.
Third offense: Fines between $2,100 and $10,100, up to one year in jail, a three-year license revocation, and mandatory substance abuse treatment.
Fourth and subsequent offenses: Classified as a felony with fines up to $10,100, one to ten years in prison, and a five-year license revocation.
If you’re facing a DUI charge after failing a BAC test, you have some options for your legal defense strategy.
Challenging BAC Test Results in Court
Despite the weight of BAC test results in DUI cases, they’re not infallible. Several defense strategies can challenge their reliability, including:
Questioning test accuracy: If a breathalyzer wasn’t calibrated correctly or a blood test was mishandled, the results may be invalid.
Proving medical or external interference: Demonstrating that a medical condition or external factor affected the BAC reading can undermine the prosecution’s case.
Challenging traffic stop legality: If law enforcement lacked probable cause for the stop, any evidence, including BAC results, may be inadmissible.
Rising BAC defense: Arguing that the driver’s BAC was below the legal limit while driving but rose above the limit by the time of testing due to continued alcohol absorption.
In addition to these options, the timing of a BAC test can help challenge the results.
The Importance of Timing in DUI Cases
The timing of a DUI arrest and BAC test is a critical factor in determining the validity of the test results. When a driver is arrested, their BAC is measured at the time of the test, but alcohol levels in the body can fluctuate significantly. Alcohol is absorbed into the bloodstream after consumption, typically reaching its peak within 30 to 90 minutes.
If a test is administered too long after the arrest, the driver’s BAC may have continued to rise, potentially resulting in a reading higher than it was when they were actually driving. This phenomenon is known as the “rising BAC defense.”
In such cases, a skilled attorney can argue that the driver’s BAC was below the legal limit at the time of driving, but increased before the test was conducted. By demonstrating that the BAC reading wasn’t reflective of the driver’s condition at the time of the offense, a lawyer can challenge the evidence and potentially secure a dismissal or reduction in charges.
Understanding the details of alcohol metabolism can be a key part of a strong DUI defense.
How a Lawyer Can Help in a DUI Case
Hiring an experienced DUI defense lawyer is crucial for building a strong defense. A skilled criminal defense attorney can help with the following:
Review BAC test procedures: Lawyers can investigate whether law enforcement followed proper procedures during testing and identify any errors.
Challenge the legality of the stop: If an officer conducted an illegal traffic stop without reasonable suspicion, a lawyer could move to suppress BAC test results.
Consult forensic professionals: Attorneys may work with forensic toxicologists to analyze BAC test reliability and provide witness testimony.
Negotiate for lesser charges: In cases where BAC test results are questionable, a lawyer can negotiate reduced charges or alternative sentencing options.
Represent clients in court: A skilled attorney can present compelling arguments, cross-examine witnesses, and challenge evidence to secure a favorable outcome.
My experience working on DUI criminal defense cases has given me skills and knowledge on how to appropriately help my clients work through their cases.
Contact Joshua J. Swords, Attorney At Law, LLC
DUI BAC tests play a significant role in Alabama DUI cases. However, these tests aren’t always accurate, and several factors can impact their reliability. Challenging the validity of BAC test results can make a substantial difference in a case.
An experienced DUI lawyer can provide the best chance of achieving a favorable resolution. I serve clients in Tuscaloosa, Alabama, and look forward to hearing from you. Contact me today to get legal representation.