Utah Over .08 Defenses
Drivers will be charged with driving under the influence (DUI) in Utah if their blood alcohol content (BAC) is .08%. In fact, there does not have to be any other sign of intoxication--just operating a vehicle or being in control of a vehicle while over the legal limit is enough for a drunk-driving conviction. However, even if you were arrested for possessing a BAC of .08% or higher, there may be several defenses that can be effectively applied to your case in an effort to beat your DUI charge.
Over the Limit Defenses
The most common test used to calculate BAC is the breathalyzer. While this test is considered to be reliable when administered correctly, it is not without its share of issues. For example, the machine itself must be maintained and calibrated on a routine basis to ensure it's in good working order. A defense attorney could request a copy of the logbooks to determine if it has been taken care of properly. If he or she finds that it was not, your BAC reading can be challenged.
Breathalyzers are supposed to measure alcohol compounds from deep lung air; however, they can sometimes be tricked by alcohol in the mouth. If, for example, you have dentures or a bridge in your mouth that has trapped alcohol, this can be read by the machine as alcohol in your bloodstream and inflate your results.
When people have hypoglycemia or even follow a low-carb diet, it can put the body into a state of ketosis, which produces ketones. This compound can be read by the breath machine as the type of alcohol that you drink, rather than a chemical created by the body due to a medical condition or natural state while dieting. If this is the case, an attorney can work with a medical expert to explain this matter to the judge and/or jury.
Working with a Utah Defense Attorney
The way each body metabolizes alcohol is extremely complex and requires advanced scientific knowledge; this is what makes DUI defense such a detailed field of law. Fortunately, our lawyers are familiar with many defenses that can be used for clients who have tested over .08%.