The Rise and Fall of Your BAC Level
Representing Clients in San Antonio Facing DWI Charges
BAC levels constantly rise and fall as the body absorbs or eliminates alcohol. This fact is the reason why a Breathalyzer test cannot wait until you arrive at the police station as the test results could be completely inaccurate. You may have been driving with a BAC level that is less than .08% but when the test is administered after you are stopped the tests can read more than .08% as the BAC levels could rise during that period of time. You will then automatically get charged with DWI even though at the time you were driving you were under the legal limit, and not in violation of the law.
Need to learn more about BAC levels in Texas? Contact us today.
Was your BAC in Texas at .08% while you were driving?
If you have been arrested and charged with any drunk driving offense, you owe it to yourself to consult with a legal professional who understands the scientific defenses that could be effective, including matters related to the natural rise and fall of BAC levels after the consumption of alcohol. I am San Antonio DWI defense lawyer Kerrisa Chelkowski, and I am honored to have been listed in Texas Super Lawyers® Rising Stars™ from 2009-2014. I am a former prosecutor, and my experience serving on “the other side” has proven to be beneficial to those I represent.
Possible Defenses to Your DWI Charge
It is not illegal to have a BAC of higher than .08% when a Breathalyzer test is administered, it is only illegal if you are driving with a BAC higher than .08%. A police officer must prove that you have a BAC level of .08% or higher at the time you were driving. This is the point of challenge that could be successful in defending your case. To determine if this is a possibility, I invite you to contact my firm at once so I can find out exactly what happened in your case.
Did you wait a long period of time before the breath test was administered? The science behind breath testing is extremely important in many cases in which charges have been filed but the evidence is faulty. The driver may have actually been under the legal limit at the time he or she was operating the vehicle. It may be necessary to engage the services of a scientific expert to provide supporting evidence regarding the rise and fall of BAC levels.
Contact a DWI Defense Attorney in San Antonio
The fact that BAC levels rise and fall, and accurate scientific evidence to support this fact can make it possible to defend you against charges of DWI. If the arresting police officer waited too long to administer a Breathalyzer test, you need to contact my firm and speak with a DWI lawyer in San Antonio that has been very successful in challenging DWI evidence. Contact me to find out whether the rise and fall of BAC levels could be a viable defense in your case. If not, your case could have other flaws, and you can be confident in my ability to identify and employ the defense that could be of greatest benefit to you.