DUI Defense

How to Fight a High BAC Result in a Las Vegas DUI Case

/in /by

A high Blood Alcohol Concentration (BAC) result in a Las Vegas DUI case can feel overwhelming, but it does not mean your case is hopeless. With the right legal approach and an experienced DUI defense lawyer in Las Vegas, you can challenge the evidence, protect your rights, and potentially reduce or dismiss the charges. This blog will explore effective strategies for fighting a high BAC result.

Understanding BAC and Its Implications

Blood Alcohol Concentration (BAC) measures the amount of alcohol in your bloodstream. Nevada law defines a BAC of 0.08% or higher as over the legal limit for drivers aged 21 and above. For commercial drivers, the threshold is 0.04%, and for drivers under 21, it is 0.02%.

A high BAC result can lead to severe penalties, including:

  • Hefty fines
  • License suspension
  • Mandatory DUI education programs
  • Possible jail time

However, high BAC results are not always conclusive, and their validity can be contested.

Strategies to Fight a High BAC Result

  1. Challenge the Accuracy of BAC Testing

Breathalyzers and blood tests, while widely used, are not foolproof. Possible issues that can undermine their reliability include:

  • Improper Calibration: Breathalyzers require regular calibration; failure to do so can result in inaccurate readings.
  • Faulty Administration: If the test was not administered correctly, it might yield unreliable results.
  • Contamination or Storage Errors: Blood samples can become contaminated or improperly stored, impacting their accuracy.
  1. Examine Police Procedures

Police officers must follow strict protocols during a DUI arrest. A skilled DUI defense lawyer will investigate whether:

  • You were stopped without reasonable suspicion.
  • The officer failed to inform you of your rights.
  • There was a violation of the chain of custody for your test samples.

If any procedures were mishandled, the evidence could be deemed inadmissible.

  1. Consider Medical and Physiological Factors

Certain medical conditions and medications can falsely elevate BAC results, including:

  • Diabetes: High blood sugar can lead to the production of acetone, which may be mistaken for alcohol.
  • Acid Reflux: This condition can cause alcohol from the stomach to travel to the mouth, skewing breathalyzer readings.
  • Mouthwash or Medication: Products containing alcohol can artificially inflate BAC levels in breath tests.
  1. Timing of the Test

Alcohol absorption rates vary depending on when you consumed your last drink. If the test was administered during the absorption phase, your BAC might not accurately reflect your level while driving.

Why You Need a DUI Defense Lawyer in Las Vegas

Navigating the complexities of DUI law requires expertise and local knowledge. A DUI defense lawyer will:

  • Review all evidence for weaknesses.
  • Negotiate plea deals if appropriate.
  • Represent you in court to secure the best possible outcome.

Final Thoughts

Facing a high BAC result in a Las Vegas DUI case can be daunting, but you don’t have to face it alone. By working with an experienced DUI defense lawyer in Las Vegas, you can explore every avenue to challenge the evidence against you. At CEGA Criminal Law Group, we are committed to providing aggressive representation to protect your rights and freedom. Contact us today at (702) 291-7996 for a consultation.