BAC in Phoenix DUI Cases

Phoenix BAC DUI Cases

BAC is a measurement which indicates how much alcohol is in your bloodstream at any given time, which varies throughout the time during and after you drink based upon alcohol absorption – how your body is metabolizing the alcohol. In all 50 states, the legal limit for BAC while driving is .08; any higher and you will be facing charges for DUI. When you are pulled under suspicion for DUI, it is likely that you will be asked to submit to a number of field sobriety tests, which are performed on a purely voluntary basis. Once you’ve been arrested, however, your BAC will be measured more directly by a mandatory breath, blood, or urine test, which is illegal to refuse.

Why the Firm is Different: Trial Lawyer with Extensive Experience in DUI Defense

If you are facing misdemeanor or felony DUI charges, the first issue to resolve is finding a Phoenix DUI attorney you can trust to find the best possible strategy for your defense. At the Davidson Criminal Defense & DUI Law Firm, PLC, you will be represented by an attorney who has extensive trial experience, and an impressive record of success. Don’t trust your defense to an inexperienced attorney, as the consequences you face will be significant.

Alcohol Absorption

If you were arrested for DUI and your blood or breath was then tested, the results can only show how much alcohol was in your system at the time the test was administered. The law, on the other hand, is concerned with your BAC when you were actually driving. If the level of BAC had not yet peaked when you were pulled over, it is possible that it was below the legal limit of 0.08 while you were driving and only exceeded this limit during the time between when you were pulled over and when you were tested.

Joshua S. Davidson has been rated as AV Preeminent® by Martindale-Hubbell®, and is well-versed in this and other DUI defense strategies.

An experienced Phoenix DUI attorney understands the biology and facts related to the absorption of alcohol, and can present an argument to get your blood or breath results dismissed as evidence in court.

DUI Defense Lawyer in Phoenix – Alcohol Absorption and Your Defense

To understand how the principles of alcohol absorption could work in your favor when defending against a DUI charge, it is important to first understand how alcohol interacts with your body. When you drink alcohol, it is absorbed into your bloodstream all along your gastrointestinal tract. At the same time, your body works to eliminate the alcohol from your system by metabolizing it in your liver, as well as secreting it out through your perspiration and urine.

Your body cannot eliminate the alcohol as quickly as it is being absorbed, so there is a point during intoxication when your blood alcohol concentration (BAC) “peaks” or “plateaus” – it hits its highest point and stays at that level for a period of time. This occurs when the rate at which you are absorbing alcohol is equal to the rate at which you are eliminating it. Even after you stop drinking, there is a period of time in which your BAC continues to rise before it reaches this point.

Don’t let a technicality lead to a conviction – give the firm a call today at (602) 493-3600 for a free consultation.

FAQs

What is the legal BAC limit for driving in Arizona?

In Arizona, the legal blood alcohol concentration (BAC) limit is 0.08% for drivers aged 21 and over. However, you can still be charged with DUI even if your BAC is below 0.08% if your driving appears impaired. Arizona also enforces a zero-tolerance policy for drivers under 21 — any detectable amount of alcohol can result in a DUI charge.

Can my BAC test result be challenged in court?

Yes. BAC results are not always conclusive. An experienced Phoenix DUI attorney can challenge the validity of your test by examining whether the officer had proper probable cause to stop you, whether testing equipment was correctly calibrated and maintained, and whether proper testing procedures were followed. Irregularities in any of these areas can potentially lead to the evidence being dismissed.

What is alcohol absorption and how can it affect my DUI case?

Alcohol absorption refers to how your body takes in and processes alcohol over time. Your BAC continues to rise even after you stop drinking, reaching a peak before it starts to fall. This matters in DUI cases because the law is concerned with your BAC at the time you were driving — not when you were tested. If your BAC was still rising when you were pulled over, it is possible it was below the legal limit while you were actually behind the wheel, which can be a powerful defense strategy

Do I have to take a breath or blood test if pulled over for DUI in Phoenix?

Field sobriety tests performed roadside are voluntary in Arizona. However, once you have been arrested, Arizona’s implied consent law requires you to submit to a chemical test — breath, blood, or urine. Refusing this mandatory post-arrest test carries serious consequences, including automatic license suspension. If you have been arrested for DUI, contacting an attorney as soon as possible is critical to protecting your rights.

Phoenix DUI Attorney

BAC is one of the key factors used in the prosecution of DUI cases, but the results aren’t bulletproof. A skilled and experienced defense attorney knows that there are a variety of ways to challenge DUI evidence. With a 9.9 Avvo Rating, you can rest assured that Joshua S. Davidson has the knowledge, determination, and tenacity necessary to defend your case as well as possible.

As he formerly served as a prosecutor himself, he knows how to look at every side of a case. Even if it seems like the evidence against you, including BAC readings, is overwhelming, don’t give up – call him today to discuss your current situation and learn more about what he can do for you.

The initial consultation is completely free, and the payoff to securing a good defense could be immeasurable.

Call now at (602) 493-3600.