The Science of DUI's
In the state of Florida, a person may be found guilty of a DUI if he or she is impaired while driving a vehicle. One way in which a person may be proved to be impaired is if his or her blood alcohol content (BAC) is above a legal limit of .08. Blood alcohol content is important not only as a way of proving DUI, but also as a measure of how impaired the driver is. For instance, a driver with a BAC above .15 is subject to harsher penalties including longer jail time and larger fines.
Because a person's blood alcohol content is so important in determining guilty in a DUI case, it is very important to understand the science of DUI's and the science behind how alcohol works in the body and how blood alcohol testing works. Not all attorneys understand the science of DUI's, but the Fort Lauderdale DUI defense lawyers at The Ansara Law Firm have the knowledge you need to give you the best chance of a successful case.Understanding the Science of DUI's
Not everyone's body responds in the same way to alcohol, and a number of different factors can affect the reading of a BAC test or the judgment as to whether or not you are impaired. For instance:
- Your BAC goes up after you stop drinking. When a BAC test is not administered right away, this means that you may actually become more intoxicated during the delay. If you're close to the limit, it is thus possible to argue that your BAC was not over the limit at the time when you were actually driving. This is referred to as a rising BAC defense.
- Sometimes, chemical tests are not entirely accurate. There is a margin of error associated with the performance of all chemical tests and certain flaws can increase the risk that an error occurred. You may be able to present expert testimony that casts doubt on the results of the chemical test, helping you to avoid a DUI conviction. This is especially true if proper protocol was not followed, such as a Breathalyzer not being calibrated according to instructions.
- Certain foods and medications affect the BAC test results. You will need a scientific expert to prove that there was some other reason why you were above the legal limit instead of the fact that you simply drank too much.
Challenging the science of DNA can help you to successfully defend yourself by introducing doubt into the prosecutor's case. Remember, you do not have to prove that you are innocent or that you didn't drive while intoxicated. The prosecutor has the legal burden of proving guilt beyond a reasonable doubt. If you cast doubt on the scientific evidence, then the prosecutor cannot win.
An experienced Fort Lauderdale DUI attorney can help you to find the right experts and to gather the scientific evidence necessary to have the best possible chance of winning your case. While every claim is different, you need a lawyer who understands the science of a DUI if you want to truly fight for your legal rights.
If you have been charged with DUI in South Florida, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011! You can also contact us online. It only takes a minute to call, but it can make all the difference in the world.