Tucson Lawyers Defend Against Blood Alcohol Levels or BAC

Attorneys Fight Blood and Breath Test Evidence in Pima, Santa Cruz, Cochise, Graham, and Pinal Counties

If you were charged with having an alcohol concentration (BAC) of .08 percent or more within two hours of driving or being in actual physical control of a vehicle, this means that the State believes it has an admissible chemical test result in your case. Usually, this is a blood or breath test result that puts you at or over the legal limit. To learn more about this type of evidence and how to defend against it, contact the experienced DUI defense lawyers of The Behan Law Group, P.L.L.C. at 520-220-5047.

Understanding BAC

The amount of alcohol in your breath or blood at any given time can be tested, and the result of a blood alcohol test is your BAC – given as a percentage. If you have a BAC of .08 percent or more within two hours of driving or being in actual physical control of a vehicle, that is a violation of Arizona law.

There are multiple ways to test your BAC. The most accurate is through a blood test. This requires a medical or qualified professional to draw your blood and a lab that follows scientific best practices to test it. Also, if you do not consent to a blood test, it requires the police to get a warrant.

The police also use a breath test to estimate someone's BAC. There are traces of alcohol in your breath because of the blood constantly running through your lungs. A properly calibrated breath test machine detects the amount of alcohol in your breath, arriving at a BAC estimate. This is only an estimate and not an accurate amount because the breath testing devices used in Arizona cannot actually test your blood; they use a formula to estimate your BAC through the amount of ethanol purportedly detected in your breath.

Defending Against BAC Test Results

When the State has a BAC test purportedly putting your BAC at or over the legal limit, you may feel scared and alone. Fighting against a BAC test can be intimidating. However, there are numerous ways to call BAC test results into question during a DUI case, including:

• That the test was not lawfully administered;
• That the breath test machine was not properly calibrated;
• That the breath test operator did not follow the proper procedures;
• That the breath test machine was not in proper working order;
• That the individuals who drew and tested your blood were not qualified to do so;
• That the blood sample was contaminated at the time of the draw, in the preparation of the sample, or during the testing procedure itself; and
• That the margin of error for the test would allow for you to not have been over the legal limit at the time.

Call Our Cochise County DUI Defense Lawyers for Help

To learn more about the type of evidence that can be used against you in a DUI case and how to best defend yourself, contact the DUI defense attorneys at The Behan Law Group, P.L.L.C. at 520-220-5047. From our Tucson, Arizona office we serve clients throughout Pima County, Cochise County, Graham County, Santa Cruz County and Pinal County.