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How do you beat a DUI if breath test shows above legal limit?

On Behalf of | Nov 10, 2021 | Firm News

Many things in life provide pleasure. However, sometimes they are so pleasurable that you end up overindulging and you run into problems. Alcohol is often one of those things. There are times when you may enjoy a drink and you feel fine. You do not think that you have overindulged and you do not feel that the alcohol has impaired you in any way. Then you get into your vehicle and drive home. Your driving may not be as steady as it usually is and you may have delayed judgments when you make decisions on the road.

The New Jersey police stop you and you submit to a breath alcohol test. Surprisingly, the test measures that your blood alcohol content level is above 0.08%, which is over the legal limit in most states, including in New Jersey. The police then arrest you on a driving under the influence (DUI) charge. The arrest is rarely based on the breath alcohol results alone,  but the blood test results can be very powerful evidence against you in court. The question is whether those results are accurate 100% of the time.

What is involved in a chemical breath test?

A chemical breath test measures the alcohol in your breath to determine the amount of alcohol in your blood, known as blood alcohol content, or BAC. The BAC in your system is usually at its peak approximately one hour after you drink. As the alcohol in your body increases, your judgment may become more impaired and your reactions may become slower.

If you are charged with a DUI, you will want to get solid advice from a knowledgeable DUI lawyer. Although a DUI charge is a serious situation, the breath test results may not be accurate and an experienced lawyer may be able to turn your case  around. During the arrest, it is possible that not everything was done properly (procedurally, the test was not calibrated, or it was inaccurate). In New Jersey, penalties for a DUI may be non-negotiable, which makes it even more important for you to receive the best legal advice possible for the best possible outcome.