Seeing the flashing lights of a law enforcement vehicle behind you is a stressful experience in the best of circumstances. If you have been drinking, those lights might instill fear. It is important for anyone who is facing drunk driving charges in Minnesota to understand some basic facts about how blood-alcohol concentration affects your case.
What is blood-alcohol concentration?
Blood-alcohol concentration is a measurement of how much alcohol you have in your system. Law enforcement officials can determine your BAC by using a Breathalyzer during a traffic stop, at the time of an arrest, or when you are booked into jail. BAC can also be determined via a blood test or a urinalysis.
What is the legal limit for BAC?
In Minnesota, the legal limit for BAC is .08 percent. If your BAC is at or above .08 percent, you can face charges for drunk driving. In fact, a BAC or .08 percent or above automatically classifies you as being legally intoxicated. Per se intoxication, which is the term for this automatic classification, means that no other evidence regarding your intoxication has to be presented for you to be considered intoxicated in court.
Can I fight a drunk driving charge even if my BAC is over .08 percent?
It is possible to fight a drunk driving charge even if your BAC is over .08 percent. You need to contact a Minneapolis DWI attorney as soon as possible to explore your options. There are several considerations that might affect which defense option is appropriate for a case. For example, a Breathalyzer test might be challenged if the person who performed the test wasn’t properly trained or if the equipment wasn’t calibrated according to current guidelines. Even the amount of time that occurs between the traffic stop and the BAC test can affect your defense strategy options.
Because of the effects a DWI can have on your driver’s license, employability, freedom, finances, and other aspects of your life, it is vital that you contact us as soon as possible so we can start building your defense.
Source:
http://www.bactrack.com/blogs/expert-center/35043461-three-types-of-bac-testing
http://dui.findlaw.com/dui-laws-resources/per-se-dui-laws.html