Case study: If I had a .10 BAC for my DUI case

by | Aug 22, 2012 | Law Blog

.10 BAC Breath test Blood test pending, roadside breath not disclosed. Passed field tests. Pulled over by officer reason of tailgating (4am).

Attorney Roe Response:

Well, I agree with many of my colleagues on this one. The 0.10% BAC may be quite defensible depending on many variables, including the time between drinking, driving, and the blow or blood draw, the maintenance and calibration of the machines recording the BAC, etc. Additionally, you mentioned nary a fact about the constitutionality of the stop, whether you were indeed driving, driving pattern not to mention field sobriety test performance. You are best served by consulting with a legal professional before pleading.