The concept of a DUI charge is relatively easy to understand. Driving a vehicle with a blood alcohol concentration of 0.08 percent or higher is against the law and may result in a DUI charge. However, alcohol does not affect everyone the same and many factors should be considered when determining an individual's intoxication. These aspects and others can be used to help defend against a DUI charge.
The belief that a blood alcohol concentration of 0.08 percent means an individual is intoxicated is only a presumption. Although Florida law uses this presumption as a blanket standard for DUI charges, receiving a conviction under this presumption is something entirely different. Between the time of receiving the DUI charge and being found guilty and convicted of it, many things can happen. An experienced DUI defense attorney can analyze the details of the charge to identify errors and inaccuracies that may result in reduced or dismissed charges.
Occasionally breathalyzer machines are found to be inaccurate, poorly calibrated or improperly maintained. Arresting officers may also be found negligent during the traffic stop. A poorly trained officer may not fully understand how to use a breathalyzer machine and may not have the training necessary to conduct a proper BAC reading. These areas of negligence on the part of law enforcement may be grounds for a reduction in charges or complete dismissal.
Driving a vehicle with a BAC of 0.08 percent or higher may be against the law, but it does not necessarily mean the driver is intoxicated. By working with an experienced DUI defense attorney, individuals arrested for driving under the influence may be able to stop a conviction, reinstate their license or eliminate the charges against them.