What Is BAC?
BAC stands for blood alcohol concentration or blood alcohol content. In Michigan, it is illegal to drive with a BAC of .08 percent or more. A driver under the age of 21 or a commercial vehicle driver cannot have a BAC higher than .02%. However, the administration of breath and blood tests (which check a driver’s BAC) is highly regulated, and results can often be skewed, misinterpreted, or simply inaccurate. Common BAC errors are caused by the operator, the machinery, or physiological factors.
With the help of a Farmington Hills BAC defense lawyer, you will have a far better chance of defending yourself from DUI charges. In the case of a faulty breath or blood test, the charges may be dropped due to lack of evidence. My firm had helped many clients avoid DUI/OWI penalties when their BAC level was allegedly .08 percent or higher.
I, Attorney Daniel Hajji, have helped many clients overcome DUI charges when their BAC level was allegedly .08 percent or higher. I thoroughly utilize my legal knowledge and extensive experience to challenge serious charges, especially if you have a working license, such as a nurse, doctor, dentist, or other professionals. I understand how threatening a DUI can be to someone who is soon to be working as a professional or someone who already owns a professional license. I have helped many avoid a suspension of their license that would have harmed their future opportunities.
Contact Daniel D. Hajji, Attorney at Law today if you have any questions at all regarding your DUI case at (248) 599-0054!
What Are the Common BAC Testing Mistakes in Michigan?
BAC tests are often prone to errors and in many cases have been found to be unreliable. There are various mistakes that can be made that affect the BAC test results. My firm can investigate your case to determine if any BAC tests mistakes were made in your case.
One of the most common defenses against BAC testing evidence is the improper administration of BAC test due to an operator error. Law enforcement officers who administer blood alcohol content tests must be properly trained and certified in the standard protocol and regulations. Evidence that the BAC test was improperly administered can come from a variety of sources, including video footage from dash cams, booking, or witness testimony.
Examples of violations of the administration process include:
- Failure to observe arrestee for 15 minutes before administering the test
- Failure to "purge" the machine before administration to remove any residual substances
- Failure to adhere to the proper procedure of test administration
Another common BAC test mistake is that the equipment used was not properly maintained or the reading was inaccurate due to faulty machinery. Testing tools must be regularly calibrated to ensure accurate test results. Law enforcement should test BAC machinery for accuracy every 120 days. If police officers failed to maintain their machinery, it could have skewed the results of your BAC test.
What Alternate Factors Can Affect BAC Results?
Your test results may have been affected by other factors aside from the ones mentioned above. For example, mouth alcohol, residual alcohol left over from mouthwash, or minor alcohol consumption could have been mistaken for breath alcohol. If you work in an industrial or manufacturing environment that involves methyl alcohol, any residue on your person, body, hands, or clothes can be misread.
There are also physiological factors, like absorption rate, that can influence your BAC level. My firm can investigate your case, can consult with medical experts, and can use your medical records as evidence. I can demonstrate that an existing condition, illness, or injury resulted in an inaccurate reading of your BAC test.
Physiological factors that can influence BAC reading include:
- Body temperature
- Gastro Esophageal Reflux Disorder
- Mouth or head injury
Call Our Experienced Oakland County BAC Defense Lawyer at (248) 599-0054!
I, Attorney Daniel Hajji, represent clients throughout Farmington Hills get the best possible results for their DUI case. If your BAC level was higher than expected and you suspect they can be inaccurate, I can investigate your case and gather strong evidence to help your charges get reduced or even dismissed. I have helped countless people whose BAC level was inaccurate due to other contributing factors. Let my firm help you during this overwhelming legal process from start to finish. I care about my clients, and I think about case strategies on their behalf everywhere I go. Daniel D. Hajji, Attorney at Law is proud to serve clients in Bloomfield, Troy, Southfield, Rochester Hills, Pontiac, Royal Oak, and Novi.
If you’ve been arrested for a DUI, contact Daniel D. Hajji, Attorney at Law today for a free consultation at (248) 599-0054!