Each of the fifty states defines driving with a blood alcohol content (BAC) at or above 0.08 percent as a crime. However, each state has its own specific set of laws and penalties that punish convicted drunk drivers. For example while all states have some type of ignition interlock law, only 20 states have made the ignition interlocks mandatory for all motorists convicted of a DUI.
Every state considers a blood alcohol level of 0.08 or higher as being legally intoxicated. However, each jurisdiction also takes into consideration that there are many other factors that may account for valid ground of a legal drunk driving arrest In other words, you can be convicted of drunk driving even if a chemical testing shows a low blood alcohol content.
An Austin Case Proves the Point
In a recent DUI case in Austin, Texas, the police arrested an individual after his pickup truck collided with another vehicle in the early morning hours. The other driver was pronounced dead at the scene of the accident. The pickup driver was allegedly reported to have told the police that he had two beers several hours earlier. The police further reported that he allegedly admitted running a stop sign just before the accident occurred.
A portable breathalyzer test revealed the individual’s BAC to be 0.07 percent, slightly below the legally drunk level of 0.08 percent. Nevertheless, he was arrested and later convicted of intoxication manslaughter, a specific offense under Texas law. This case clearly demonstrates that the prosecution is not required to show a BAC of 0.08 percent or higher to prove drunk driving in all cases. They can consider various factors, in addition to an individual’s blood alcohol content, to prove drunk driving. This is not only true in Texas, but also New Jersey.
Facing DWI Charges? Immediately Hire an Attorney!
If you are facing drunk driving charges, it is in your best interest to immediately consult with a lawyer who specifically handles drunk driving cases. Do not be fooled that a negative breath test depicting a BAC of less than 0.08 can automatically get the charges dismissed. The prosecution can demonstrate violation of the DWI statute either by an illegal BAC level or because of other factors.
An attorney who specifically deals with drunk driving cases can help you devise aggressive defenses to get the DWI charges against you either dismissed, or at least reduced. A DWI conviction can significantly impact all aspects of your life and the lives of your loved ones. Take immediate proactive measures to help protect your legal rights.
Call Us
For more information or to schedule a free consultation with drunk driving attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.
