Under certain circumstances, you may still be charged with a DUI or DWI even if your blood alcohol content was under the legal limit of .08%. People who are found to be under the influence of controlled substances other than alcohol, and people under the age of 21 risk facing additional criminal charges even if they were under the limit. Even though this may seem unfair, there are ways to fight your case in court if you were below the legal limit at the time of your charge.
Ways to Contest an Under the Limit DWI
- Contest the breathalyzer reading: According to the National Motorists Association, there is a 50% error rate when comparing breathalyzer readings to blood tests. False positive readings can also be caused by health and eating reasons. Diabetes, fasting, and a diet high in protein or low in carbs have been known to create positive readings in some cases. Common cold and flu medicines,smoking, and using mouthwash or breath spray can also interfere. Another argument against the DWI charge may be that the officer did not properly administer the test due to lack of proper training or equipment.
- Probable cause not justified: In some cases, the officer may have not been justified in testing you in the first place. Having a DWI defense lawyer on your side will help determine if the officer was not right in testing you.
Acting quickly on your DWI charge is very important. 15 days after your arrest, your license could already be suspended.