Blood alcohol content is not the only evidence of DUI
May 6, 2015
When a California driver is pulled over under suspicion of driving under the influence, they may be asked to submit to a blood alcohol content test. One common misconception is that if the test shows the driver’s blood alcohol content is under the legal limit of .08, the driver will not be charged with a DUI. Unfortunately, many drivers with blood alcohol levels under .08 face DUI charges.
Drivers who are pulled over for suspected DUI will typically be asked to take a breath test to determine their blood alcohol concentration, or BAC. Under implied consent laws, drivers are required to submit to a chemical test when asked to do so. If they refuse, their driving privileges will be suspended automatically. If a driver takes the test and the results fall between .05 and .07, they may still be charged with a DUI if there is other evidence that you were impaired at the time of the accident.
The National Highway Traffic Administration has found 20 symptoms that could indicate that a person is driving under the influence of drugs or alcohol. These symptoms give law enforcement probable cause to stop a vehicle and possibly arrest the driver for a DUI. These symptoms may be used as evidence for the prosecution. If a driver makes a statement regarding how many drinks they consumed, that statement may be admissible as evidence. It is important to be aware of this and avoid answering any questions without first speaking to an attorney.
However, it is also important to note that breathalyzers are not always accurate. With the inaccuracies and drawbacks of the equipment, the results are often not enough to convict someone of DUI without other evidence. Proving the test was administered under less than ideal conditions could help a driver defend against DUI charges.