Many in Roanoke come to members of our team here at Robert F. Rider, PLC after having been arrested for DUI convinced that they must resign themselves to the certainty of conviction. Their thinking typically is that if law enforcement officials say they have evidence to show that they were intoxicated, then there is no disputing that. If you find yourself in the same position, you will be happy to hear that a DUI charge is not insurmountable. Even when authorities claim to have chemical test results proving your guilt, those results can often be questioned. When they are, you might be surprised to see how much of DUI charge is simply based on an officer’s observations.
Say that the roadside breath test that you took measured above .08, yet the more thorough blood, breath or urine test you look later was below the legal limit. Law enforcement officials might simply claim that your body metabolized the alcohol, and that your actions still imply that you are drunk. Yet simply saying that you are acting like you are intoxicated does not mean that you are. Even though everyone reacts to alcohol intoxication differently, the chemical influence alcohol has on the body will manifest itself in similar ways.
According to general observation information shared by The Alcohol Pharmacology Education Partnership, a blood-alcohol content level between .01-.05 (roughly the equivalent of having 1-2 drinks in your system), will result in you appearing overly relaxed and free of inhibition. Readily apparent physical manifestations such as the loss of coordination, nausea and sleepiness will typically not appear until your BAC is around .06-.10. Thus, if testimony shows you never reached that point, the accusation that you were driving drunk may be called into question.
More information on challenging DUI charges can be found here on our site.