You know that the legal blood alcohol content (BAC) limit for alcohol intoxication is .08%, which means that you expect to be able to drive without fear of a criminal charge as long as your BAC is below that amount.
The truth, however, is that the .08% limit is just the per se limit. That means that the police need no further evidence than a failed Breathalyzer test to show that you were legally too impaired to drive.
You can still be too drunk to drive below the .08% limit, and if you have a Breathalyzer test that comes back positive at any level, that’s something to be concerned about. Even a .03% result could end up getting you arrested if you were driving erratically or fail your field sobriety tests.
Are there good defenses against a DWI charge when you’re under the limit?
There are some good defensive options. For example, you may look to see if there was probable cause for the traffic stop in the first place. You may also be able to challenge the accuracy of the Breathalyzer test.
If you submitted to field sobriety tests and failed them, you may be able to challenge their usefulness in determining sobriety, as well. It’s true that not all sobriety testing is accurate. In fact, field sobriety testing is only accurate around 82% of the time even when all three main tests are used. That’s something to discuss because even sober people can fail these tests if they have medical conditions or have trouble with their balance.
No matter what blood alcohol concentration you blew on your Breathalyzer test, there is a risk that you could be arrested. If you’re facing DWI charges, remember that you can fight back and defend yourself.