A breath test or blood alcohol test only shows your blood alcohol content (BAC) at the time of the test, which is not necessarily the same as it would have been at the time you were driving.
Breath tests and blood alcohol tests are given at some point after you have been pulled over for suspected drunk driving. If you have been drinking, your blood alcohol level will rise over time, but that does not mean you were driving drunk. Your blood alcohol level will reach its highest about one hour after drinking. When it comes to using the results of a blood alcohol test as evidence of DUI, all it proves is your blood alcohol content at the time the test was taken. An experienced DUI attorney can show that such a test does not reflect your true BAC when you were driving. A successful DUI defense can help reduce your charges and get you a lesser punishment.
It is not against the law to have a BAC of 0.08 percent, but it is against the law to drive with that blood alcohol level. The prosecution will make assumptions and use circumstantial evidence to estimate what your BAC was at the time you were driving. These assumptions and evidence can and should be challenged.
If you are facing a DUI charge, you need to contact a DUI lawyer to review your case, including the results of your breath test, to build a strong argument on your behalf. Call 1-888-DUI-ANSWER or 1-888-DWI-ANSWER to speak with an attorney today.
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