DUI Attorneys Providing Effective Defense for Clients in Ann Arbor, Detroit, Grand Rapids, and Throughout Michigan Accused of DUI/OWI Offenses
In Michigan, the BAC or Blood Alcohol Concentration/Content is a measure often used by law enforcement to determine if a motorist is beyond the legal limit of 0.08%, and therefore impaired or intoxicated to the point it would put the motorist's and others' lives at risk. The statutory legal BAC in Michigan for a person operating a motor vehicle is 0.08%; when an individual is found to have a Blood Alcohol Concentration of .17% or higher, he/she is considered super drunk, a more serious charge than simple DUI or OWI.
As a highly regarded Michigan DUI defense firm, the attorneys at Grabel & Associates know that an individual's BAC is a key factor in every OWI or DUI case. The level of alcohol determined to be present in a person's blood or breath plays an integral role in the outcome. In addition, those under age 21 may not have a BAC of greater than 0.02%, and the presence of any alcohol may leave an individual facing OWI Zero Tolerance.
The NHTSA and Effect of Alcohol on Ability
The National Highway Traffic Safety Administration has studied the effect of consuming alcohol on a person's ability to safely operate a motor vehicle, and found that overall, a BAC of 0.08% or greater leaves an individual substantially impaired. Although each person is different and one individual may appear to be more "sober" at this level than others, Michigan law dictates that 0.08% is the legal limit in the state. At this level, the NHTSA has determined that motorists are significantly impaired in areas of operating a vehicle such as changing lanes, steering, and braking. The ability to pay attention and judgment are also impaired.
Some of the effects of a 0.08% BAC on most individuals include:
- Impaired judgment
- Eye movement control is affected
- Steadiness and coordination are affected
- Concentration and attention
- The ability to process information is affected
- Speed control
Tests Used to Determine BAC in Michigan
There are various chemical tests, which may be used when a police officer suspects you are driving while under the influence. Tests that are capable of measuring BAC include breath, blood, and urine tests.
When an individual is pulled over by law enforcement, the officer may decide to administer field sobriety tests if he/she suspects the individual is impaired. These tests may include such tasks as walking a straight line, or standing on one leg. If these tests give the officer further suspicion, he/she may choose to administer one of these chemical tests. In Michigan, there is what is known as an "implied consent" law, which basically means that those who are stopped on suspicion of DUI are required to submit to these tests if requested. However, you may refuse to take a breath, blood, or urine test, but be aware that in doing so you may face penalties including suspension of your driver's license.
Regardless of whether you submit to chemical testing, it is critical you obtain the services of a skilled and aggressive Michigan criminal defense lawyer if arrested or charged with any OWI offense.
Challenging Blood and Breath Tests
While a BAC or Blood Alcohol Content level is a critical factor in most drunk driving cases, results do not always indicate your guilt, nor are they 100% reliable. People who administer or handle these tests are not infallible, and testing equipment has been known to be unreliable if not properly calibrated. Our DUI attorneys will thoroughly review your case and investigate every detail in order to determine if there is a way to challenge these tests. Your BAC may be challenged based on:
- Blood sample was mishandled
- Breath or blood test not properly performed
- Breath or blood testing not conducted by trained or qualified personnel
- Interference with breath test
- Improperly calibrated testing device; failure to maintain equipment per state standards
Ultimately, it is important to speak with our attorneys regarding not only the various methods of challenging the results of breath, blood, or urine tests, but about the possible options when it comes to protecting your legal rights and freedom as well.
Contact Grabel & Associates Today
We understand how frightening and stressful it is to have a BAC level over the legal limit, leaving you facing DUI or OWI charges. We are also very aware of the fact that a Blood Alcohol Concentration level of 0.08% or above is not the end of the road. Our team of dedicated attorneys will work vigorously to challenge your test results, and to protect you throughout every step of the process should you be charged with a drunk driving offense.
For unsurpassed legal guidance and representation, contact Grabel & Associates now. We provide a free evaluation, so call our toll-free number immediately at 1-800-342-7896 or Contact us online now.