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Blood Alcohol Level Above .08?


“What If My Blood Alcohol Level Was Above .08?”

Full Video Transcript:

Many people assume that if the chemical test results are 0.08 or higher, that there is no defense to the charges. That’s not true. I have won at least 100 trials in my 41 years of defending DUI charges in which the blood alcohol level was higher than 0.08. Sometimes it is better to have say a 0.26 than a 0.12 due to a “disconnect” argument.

There are defenses. By example, there’s absorption. That’s when someone’s blood alcohol is rising from the time of the driving to the time of the measurement. There are also problems of proof with blood tests or breath tests that can be developed at the time of trial. It depends on the facts. But the fact that you are above 0.08 or higher does not mean that you’re guilty or that the prosecution can prove your guilt to all 12 jurors beyond a reasonable doubt.

Check out my blog post on the top 3 reasons DUI cases are dismissed for more on this topic. Also, be sure to familiarize yourself with how Preliminary Alcohol Screening (PAS) devices work.

Watch all my California DUI videos, and call me today at 310-820-1315 if you need legal counsel.

Do you have other DUI-DWI questions? Let us know! Contact us today.

Many thanks!