A person is considered to be driving under the influence of alcohol if their blood alcohol content (BAC) is .08 percent or higher. While each state has final say over what BAC is considered intoxicated, .08 percent is the federal standard. A persons BAC is calculated primarily through three types of tests: breath tests, blood tests and urine tests. Each of these tests has limitations and all are capable of error.
Experienced dui lawyers are aware of the different types of technology used to establish a persons BAC and know how to refute evidence gained from such devices. Sometimes instruments are not properly calculated; sometimes instruments measure things other than alcohol; and sometimes instruments are not properly cared for. A skilled drunk driving attorney should be able to determine if any of these things were a factor in your BAC test.
In addition to BAC tests, law enforcement officials may ask those suspected of drunk driving to complete a field sobriety test. Field sobriety tests are subjective measures of a persons intoxication level and are voluntary tests that you do not have perform (be aware that you still may be penalized for not taking this voluntary test with a license suspension in some states). When field sobriety tests are not performed correctly, they provide no evidence of intoxication. An experienced drunk driving lawyer should be able to argue in your defense if a field sobriety test was improperly administered.
If you have been arrested for DUI, it is important to contact a DUI lawyer right away. An attorney with experience defending those accused of DUI should have the knowledge and resources to provide you with the solid defense you need. A DUI attorney can not only inform you of your rights, but make sure those rights are protected.
Be aware that some states automatically revoke the drivers license of those accused of drunk driving. To save your driving privileges, you may only have a limited amount of time to plead your case to save your license or maintain limited driving privileges. Often, drivers license suspension is handled by the state department of transportation and requires a separate hearing. A DUI lawyer should be aware of the specific laws in your state and be able to help protect your driving privileges