Utah DUI Over Legal Limit .08
In Utah, you may face a "per se" driving under the influence (DUI) for operating a vehicle with a blood alcohol content (BAC) over the legal limit of .08%. This limit has nothing to do with whether or not you are actually impaired; in fact, your driving could be fine and you could still be convicted of drunk driving if the prosecution can prove that your BAC was over .08%. However, even if you did test over the legal limit, fighting your charge may still be possible with the right Utah DUI lawyer on your side.
Challenging a DUI Over the Legal Limit
When you were arrested for DUI, the officer more than likely asked you to take a breathalyzer or blood test. While these tests may be a reliable method for determining BAC, they are not without their problems. For example, the blood test, which must be administered by an approved individual, could be affected by improper storage and an incorrect mixture of chemicals. In addition, the blood test must follow a very specific chain of command. If an attorney can find a link missing in the chain, it could be enough to challenge your BAC reading.
The breathalyzer also has a number of issues. Anything from improper administration to lax calibration and maintenance routines could have an impact on the BAC results. Because so much can go wrong with the breathalyzer, it is better to hire an attorney to investigate your test and identify potential problem areas than to plead guilty based on the results of an inaccurate reading.
Other factors that could cause an inflated breathalyzer reading include medical conditions, such as acid reflux, hypoglycemia, and diabetes. Dental conditions and dental work can also trap alcohol in the mouth, affecting your results.
Contact a Utah DUI Lawyer Today
The penalties for a DUI over the legal limit in Utah are harsh, and can leave a lasting mark on your life. In addition to an automatic license suspension, you could be sentenced to jail time, probation, home confinement, and fines. For this reason, you should fight your charge in an effort to avoid a drunk-driving conviction.