Defendant’s Blood Alcohol Content is Dangerously Low: Suspected Narcotic Involvement

Defendant’s Blood Alcohol Content is Dangerously Low: Suspected Narcotic Involvement

A recent DUI case has prosecutors scratching their heads. The defendant was arrested for erratic driving and field sobriety tests indicated intoxication. However, breathalyzer and blood tests revealed an extremely low blood alcohol content (BAC). This opens up questions about what substances the defendant may have ingested and how it will impact their defense.

The Legal Limit

Most states set the legal BAC limit for driving at 0.08%. If your BAC is 0.08% or above, you are considered legally impaired and can be arrested for DUI. However, you can still be arrested and convicted if your BAC is below 0.08% if officers determine you are driving impaired. The defendant’s BAC was only 0.02%, well under the per se limit. So what explains their impaired driving and test results?

Possible Explanations

A BAC that low despite signs of impairment suggests the driver was under the influence of something other than alcohol. Potential substances include:

• Prescription drugs – Opioids, benzodiazepines like Xanax, sleep aids, and other Rx meds can cause drowsiness, slowed reflexes, and altered coordination even when taken as prescribed. Mixing them with even small amounts of alcohol increases these effects.
• Over-the-counter drugs – Some OTC cold medicines contain dextromethorphan (DXM) which acts as a dissociative anesthetic in high doses. Antihistamines like Benadryl also have sedating effects.
• Illegal drugs – Marijuana, cocaine, heroin and other illicit substances could explain the disconnect between the BAC and impairment. These drugs are not detected by breathalyzers or standard blood tests.

Testing for Other Substances

Many drugs are not picked up on routine lab tests for alcohol. But officers can request expanded blood testing to detect other intoxicating substances. Common panels include tests for THC (marijuana), cocaine, opiates, methamphetamine, benzodiazepines, and other drug classes.

This extra testing provides critical evidence if the prosecution alleges the defendant was impaired by drugs rather than alcohol. The defense may argue against expanded testing as an unwarranted search without probable cause. But most courts allow it due to the compelling public safety interest.

Implications for the Defense

The low BAC presents opportunities and challenges for the defense. On one hand, it casts doubt on alcohol being the main cause of impairment. But proof of other intoxicating substances could still support a DUI conviction.

Potential defenses include:

• Attacking the validity of field sobriety tests – These rely on officer judgement so questions can be raised about administration, bias, and accuracy.
• Challenging the admissibility of blood test results – Arguments may include lack of probable cause for testing, improper procedures, or chain of custody issues.
• Presenting evidence of tolerance – Regular heavy drinkers develop tolerance and may not show signs of impairment at low BAC levels. This could explain the test results.
• Arguing reaction was due to medical issues – Conditions like diabetes or neurological disorders can mimic signs of intoxication. The defense may claim the defendant was having a medical episode rather than being impaired.
• Disputing proof of actual impairment – Despite signs observed by the officer, the defense will argue there is insufficient evidence the defendant’s driving was actually impacted.

DUI with a Low BAC

Ultimately, the prosecution does not need to prove a specific BAC threshold to convict for DUI. The key is presenting evidence that the defendant was impaired and unable to drive safely due to ingesting alcohol, drugs, or a combination.

But a BAC far below the legal limit creates doubt and opens up arguments by the defense. Prosecutors need solid evidence of impairment beyond just the breath or blood test results.

The defense can leverage the low BAC to undermine the state’s case. But if additional blood testing proves drug intoxication, they will need to shift strategies. By understanding the evidence and applying the right legal arguments, an experienced DUI attorney can maximize the advantages presented by the defendant’s unexpectedly low BAC.