It is all too common for a person arrested for a DUI to assume that if their blood alcohol concentration was more than the legal limit, they are out of options. They then plead guilty, whether they were guilty or not. The truth is that it is always worth talking to an attorney to find out what your defense options are or to get the best chance of negotiating your case to a lower charge. Read on to learn about five reasons your BAC could have been higher than the limit and then contact Law Office of Michael L. Fell at (949) 585-9055 to get a free legal consultation.
- The BAC Was Going Up When You Took the Test
- The Reading Was False Due to Mouth Alcohol
- You Had Acid Reflux at the Time of the Test
- The Machine Was Not Calibrated Correctly
- You Were the Passenger
If you drink a beer, the alcohol does not get into your blood seconds later – it takes time to be absorbed. If you left a bar and drove home, were pulled over a few blocks from your house, and were not given a breathalyzer for 20 minutes, it is possible that your BAC could be significantly higher than it was when you were driving, simply because the alcohol has caught up with you.
There are a few different reasons you might have high levels of mouth alcohol, including several medical conditions. If you suspect this is the issue, talk to your criminal defense attorney so we can gather the necessary proof.
GERD and acid reflux can both cause false high readings. If you are pulled over for a DUI and experience either of these conditions on a regular basis, be sure you tell the officers. They are likely to do the breathalyzer anyway, but you will have a record of having told them.
Breathalyzer machines are only as accurate when used correctly. If the test is not administered the way it should be, or if the machine has not been correctly calibrated, then the test could give inaccurate results. Your criminal defense attorney can provide information on how and why this might have happened in your case.
It is not illegal to ride in a vehicle after having been drinking. If you are arrested for DUI because the police assume you were the driver, then your case should be relatively easy – all you have to do is prove that you were, in fact, the passenger.
No matter the specifics of your case, it is worth getting a free legal consultation from an experienced criminal defense attorney. You can do that easily by calling Law Office of Michael L. Fell at (949) 585-9055 right now.