Blood Alcohol Content and Impairment
One of the most important things to understand about OUI arrests is that field sobriety tests and chemical tests are not foolproof. Although chemical tests may give a concrete number to an individual's blood alcohol concentration (BAC) level, that number does not directly correlate with an individual's level of intoxication or impairment. The Law Offices of Joseph D. Bernard P.C. know that there is more to BAC than the legal limit of .08%, and you should as well—if you have been arrested for an OUI related charge, knowledge of BAC and impairment may aid you in your defense against these charges.
What is blood alcohol concentration (BAC)?
BAC is the amount of alcohol present in a person's body at any given time. Members of law enforcement often measure BAC with a chemical test, which can be conducted via breath, blood, or urine. In any case, these tests are not as precise as you may think—although they are able to measure the presence of chemicals in the body, these tests may not accurately differentiate between different types of alcohol. This could affect the reading and calculation of the level of intoxication.
Does BAC determine my level of intoxication?
At best, a chemical BAC test may only offer speculation as to an individual's level of intoxication. BAC tests may not account for many of the situational and biological factors in any given instance. Differences in body height, weight, metabolism, and other factors play an essential role in how an individual processes alcohol, but this is unaccounted for in the results of a BAC test. When it comes to an OUI charge, these factors may play a vital role in your defense.
The Law Offices of Joseph D. Bernard P.C. understands how important it is to take these factors into account when preparing a defense for their clients.
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It is possible that you were arrested for an OUI without being impaired or showing visible signs of intoxication. There are many situations where the evidence against individuals arrested for DUI is weak. Unfortunately, without an effective defense against these charges, misconstrued evidence and improper police procedure can still result in an OUI conviction.
If you are facing OUI related charges or the penalties of a conviction, get in touch with The Law Offices of Joseph D. Bernard P.C. immediately. With over 20 years of experience in OUI and criminal law, their legal team has tried over 350 cases and secured countless successes. The firm is committed to finding positive solutions to their clients' legal issues. Specifically, Attorney Bernard is a former prosecutor with working knowledge of the law and knows all too well the tactics that may be used against you in court.