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Setting the Limits: When Happy Hour Can Turn Into A DUI Conviction

Posted by Aaron J. Wolff | Feb 22, 2016 | 0 Comments

As was discussed in the previous post, the breathalyzer came into existence after multiple attempts to simplify how to test a person's intoxication level in a convenient and non-intrusive way.  As the breathalyzer transformed into a much more accurate device, the qualifications for what was considered “too drunk” to drive underwent its own evolution. The first drunk-driving laws were adopted by the state of New York in 1910 which simply stated that an inebriated person could not operate a motor vehicle. Most states adopted the same drunk-driving laws shortly after New York; however, intoxication was not clearly defined by courts and lawmakers.

In the 1930s, two committees, the American Medical Association and the National Safety Council were tasked with studying the most common problems that lead to vehicle accidents and tests to determine intoxication levels. After doing research, the two committees gave BAC ranges, which then became the standard in a majority of state legislatures. The committees decided that to be presumed “under the influence, a driver must have a 0.15% BAC level” -- nearly twice today's national legal limit. The first commonly-used Blood Alcohol Content “BAC” legal limit then became 0.15%, which was first adopted by Indiana state in 1939. The committees explained that ranges between a BAC of 0.05% to 0.15% was not considered “under the influence” but taken into account if other evidence was present. Most courts generally agreed that anything less than 0.15% as probably not worthy to prosecute. Today, the BAC level appropriate in the State of Washington, like the rest of the United States is 0.08%. While the current BAC level is more strict than the past -- the level is much more lenient as compared to many other countries.

Blowing a BAC Level Above the Legal Limit on a Breathalyzer is Not the End-All For Your Case

Over the years, the Breathalyzer has evolved to become more accurate and many believe that if you blow a 0.08% or higher on a Breathalyzer, if alcohol is found present from a blood or urine test, or even if you fail a roadside field sobriety test, that you are going to be found automatically guilty. That is not the case and many DUI charges have been fought and won on the mistakes of these tests, ever since their inception.  For example, if a field sobriety test was administered incorrectly, your case could potentially be dismissed. One of the many defenses against the accuracy of a Breathalyzer is the improper maintenance of the device that can lead to inaccurate results.

Breathalyzers must be calibrated a certain number of times per year. Police departments, as busy as they are, often miss the recommended calibrations. Without careful and regular maintenance, a Breathalyzer can show a false-positive BAC level. Judges consider the last time the device has been calibrated and determine the reliability of such a reading. Many potential defenses exists that can defeat BAC readings that result from a Breathalyzer test; however, the best defense a person charged of DUI has is hiring an experienced DUI attorney. Beating a DUI charge involves intense knowledge of the law, access to critical investigative resources, and creativity in presenting arguments that challenge the prosecution . If you are facing a DUI conviction, do not hesitate to contact Aaron Wolff, who is recognized as one of the leading DUI defense lawyers in Seattle.

About the Author

Aaron J. Wolff

A former DUI prosecutor, Aaron Wolff has over 18 years of experience in representing people accused of DUI and is recognized as one of the leading defense lawyers in Washington State. His relentless and passionate advocacy has lead to superb ratings and outstanding reviews from former clients.

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