Defendant’s Blood Alcohol Content is Dangerously High

Defendant’s Blood Alcohol Content is Dangerously High

Driving under the influence of alcohol is a serious offense that can have devastating consequences. When a defendant is charged with DUI and found to have a dangerously high blood alcohol content (BAC), it indicates they were extremely impaired and posed a significant danger to themselves and others on the road. As a DUI defense attorney, I often see cases where my client made a foolish choice to drive after drinking too much. While I advocate strongly for their rights and seek the best possible outcome, I also try to help them understand the gravity of the situation and get treatment if necessary.

In this article, we’ll look at what constitutes a dangerously high BAC, penalties defendants face, and some potential defenses that I’ve used in past cases. My goal is to educate both defendants and the general public on this important issue. As with any legal topic, there are nuances and nothing can replace personalized counsel from an attorney. But hopefully this gives some insight into what happens when someone is charged with DUI at very high BAC levels.

What is Considered a Dangerously High BAC?

All states have per se laws that make it automatically illegal to drive with a BAC at or above a specified limit, commonly 0.08% or 0.10%. But defendants with extremely high BAC levels face additional penalties and increased scrutiny in court. Generally, anything over 0.15% is considered dangerously impaired. Once you reach 0.20% BAC and higher, it’s seen as an extreme case.

At these levels, motor skills, reaction time, coordination, and judgment are dangerously compromised. Effects on the brain also increase, including impaired memory, concentration, and decision-making. The National Highway Traffic Safety Administration (NHTSA) cites research showing the following risks:

• At 0.15% BAC, drivers are estimated to be 25 times more likely to crash than sober drivers.
• At 0.20% BAC, drivers are estimated to be 100 times more likely to crash than sober drivers.
• At 0.25% BAC, drivers are estimated to be 250 times more likely to crash than sober drivers.

Clearly, anyone who drives with a BAC this high is a major risk to public safety. They have no business being behind the wheel.

Penalties for High BAC Charges

The exact penalties for high BAC DUIs vary between states. But generally, the higher the BAC, the harsher the consequences. Common penalties include:

• Longer jail sentences – Many states impose mandatory minimum jail times for first-time offenders with a BAC of 0.15% or higher. For example, Arizona mandates at least 30 days in jail plus 9 months of alcohol screening/treatment.
• Higher fines – Fines typically start at $1,000 or more for first offense DUIs. But with an elevated BAC, fines can double or triple. Alaska imposes fines up to $10,000 for BAC of 0.15% to 0.25%.
• Longer license suspensions – Most states suspend licenses for at least 90 days for first DUI offenses. But with a high BAC, suspensions of 1 year or more are common.
• Alcohol assessment/treatment – Treatment or screening for alcohol abuse is often required, even for first-time offenders. This gets more intensive as BAC increases.
• Vehicle impoundment – Many states allow or mandate impounding the defendant’s vehicle for a period of time.
• Ignition interlock – These devices prevent the vehicle from starting unless the driver passes a breathalyzer test. They’re mandated for longer periods with elevated BAC levels.

On top of fines and other penalties, a DUI conviction stays on your criminal record. It can affect job prospects, professional licensing, and more. Those charged with DUI at very high BAC levels face an uphill legal battle and lasting consequences.

Possible Defenses for High BAC Cases

So how can you defend against DUI charges when your BAC is 0.15% or above? As a criminal defense lawyer, I’ve had success with the following strategies in some cases:

• Challenge chemical test results – Breathalyzers, blood tests, and other BAC testing methods are not foolproof. Procedural errors or faulty calibration can produce inaccurate results. Thoroughly checking for problems with the testing method or chain of custody for blood samples has helped me secure acquittals before.
• Question timing of test vs. driving – Blood alcohol levels peak 30-90 minutes after the last drink. So test results don’t always precisely correlate with BAC at time of driving. We’ve used expert testimony to argue BAC was lower when driving if timing favored the defendant.
• Raise prescription medication defense – Some medications like cough syrup contain alcohol, and combining them with drinking leads to false high BAC readings. We’ve established this as a defense for clients before.
• Challenge signs of impairment – There’s no foolproof relationship between BAC numbers and visible signs of impairment. If witnesses can’t recount poor driving, slurred speech, lack of coordination, etc., it helps undermine the charges.
• Argue rising BAC – It’s possible to argue the defendant’s BAC was below the legal limit when pulled over, but continued rising to an illegal level by the time they were tested. An expert toxicologist can help establish this defense.
• Exclude evidence due to illegal stop – If there was no probable cause for the traffic stop in the first place, we can file a motion to suppress and exclude evidence stemming from it.

The reality is that once the prosecution establishes a BAC over 0.15%, defending these cases becomes very difficult. But in certain circumstances, an experienced DUI lawyer may be able to negotiate a plea deal to lesser charges, get charges reduced or dismissed, or even win at trial. There are strategic defenses to draw on in hopes of mitigating the consequences.

The Dangers of Drunk Driving Can’t Be Overstated

At the end of the day, driving with excess alcohol in your system is reckless behavior that puts lives at risk. While I advocate vigorously for my clients, I’m also blunt about the need to take drunk driving seriously, accept responsibility, and avoid repeating this mistake.

A DUI conviction, especially with a high BAC, can be life-altering. If you’re facing charges, don’t go it alone. Consult with an attorney who understands the nuances of DUI law and science. An experienced lawyer gives you the best shot at the least damaging outcome. But it’s critical to also learn from the experience, get help if needed, and commit to safer choices moving forward. Driving drunk at high BAC levels is simply something we can never justify or take lightly.