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13. Your Blood Alcohol Level Was Below The Legal Limit At The Time Of Driving.

DUI Laws in California | Lawyers for DUI Los Angeles | DMV Attorneys | Challenge FSTs 

Your Blood Alcohol Level Was Below The Legal Limit At The Time Of Driving

Many people make the mistake of believing that if there is a breath, blood or urine test result showing a blood alcohol content (BAC) of .08 or greater, then the case is over and can’t be won or reduced to a lower offense.  This is probably the most commonly held erroneous belief by people charged with DUI.

The prosecution has to prove that your BAC at the time of driving was .08 or above.  The breath, blood or urine test was done after you stopped driving.  The test only measures what your BAC was when you took the test, not your BAC at the time you drove.  This is a key concept.

The level of alcohol in your blood is constantly changing.  Many factors such as gender, weight, medical conditions, the types of drinks consumed, the drinking pattern, and the amount of food in your stomach have an impact on how fast alcohol leaves your stomach and enters your blood stream (absorption) and exits your system (elimination and burn off).  I have been trained in these principles and can mount a defense in many cases that your BAC was below the legal limit at the time of driving.

 


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