If you’ve been arrested for DUI on the basis of a blood alcohol content that exceeded the legal limit, you’ll need a good defense or you will be convicted.

An experienced drunk driving attorney will examine the evidence and ask you questions about the circumstances surrounding your arrest and being tested for blood alcohol content.

In this Drunk Drivers Rights guide will help you make the right decisions when it comes to your DUI defense.

Common Blood Alcohol Defenses

The Test Was Improperly Administered

Police officers commonly make mistakes when giving a blood alcohol test such as a breathalyzer. The machine may not be properly calibrated or the mouthpiece might be contaminated. The machine might not have been tested frequently enough to prove that it was accurate.

In addition, smoking, some types of lozenges and vomiting prior to taking the test can all lead to false readings showing your blood alcohol content to be higher than it really is. Your drunk driving lawyer might be able to have the results dismissed if it can be shown the test wasn’t performed properly.

The Blood Test Procedures Were Not Followed

There are strict rules for administering a blood test, handling the evidence and testing the sample that are even more complex than the rules for breath tests.  If they are not followed, a skilled DUI attorney will be able to get the results thrown out. When this happens, the case against you falls apart and is usually dismissed.

Rising Blood Alcohol Level

Blood tests are commonly taken 30-60 minutes after the DUI arrest. It is very likely that your BAC at the time of the test will be different than it was while you were driving. If you had not consumed alcohol in the hour prior to being stopped, then your BAC will likely be lower than it was when you were driving.

However, if you had 1-2 drinks in a short period of time just prior to driving, then your BAC might be higher after your arrest. In other words, it takes time for the alcohol to get into your system. Your blood alcohol content rises over time before it starts to fall. Your drunk driving lawyer will want to know how many drinks you had in the hour prior to being stopped and arrested on suspicion of DUI. He or she may be able to show that your blood alcohol content was probably lower during the time you were driving than it was later when the BAC test was administered.

These are the most successful blood alcohol defenses that DUI lawyers use to fight for the rights of their clients. If you’ve been arrested for DUI and charged on the basis of a blood alcohol content test, then contact an experienced DUI attorney with a record of protecting drivers’ rights in drunk driving cases.

To learn more about DUI attorneys, Federal DUI laws, State DUI laws, and terms relating to drunk driving , please visit our helpful articles and guides.