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What Is Excessive BAC in an Ohio DUI Case?

Blood Testing
It is common knowledge that alcohol affects all individuals differently. Different factors affect how alcohol can impair your skills. Your Blood Alcohol Concentration or BAC, blood alcohol concentration, is the metric used to measure the amount of alcohol and by way intoxication that may be used for medical or legal purposes in the United States. Your BAC is shown as a percentage of alcohol in your blood. Remember, that your BAC will decrease when you cease drinking alcohol.

Your BAC may be tested in a variety of ways. Ohio has different criteria than other states with regard to a chemical test for your BAC. Chemical testing covers the standard mediums such as blood and urine; however, also covers breath testing. In Ohio, you are within your rights to refuse a chemical test; however, there are consequences, both administrative and judicially, for such a refusal.

It is important to note that the penalties for a DUI arrest vary from situation to situation. DUI penalties for those are caught with an incredibly high or excessive BAC increase. This because of the obvious safety concern of individuals operating a motor vehicle well above the legal limit of 0.08. You will be quick to find out that officers do not have much sympathy if you have drunk yourself well above the legal limit.

What is the BAC for An Excessive BAC DUI Charge?

The magic number in Ohio for excessive DUI is .17 or above, a .17 BAC or above takes your penalty from bad to worse. It makes sense when you think about it as the standard is more than twice the legal limit. While the penalties are stiff for a high-level DUI in Ohio, they do vary based on whether you have had a prior DUI charge.

What Are the Penalties for a First Excessive BAC Offense?

For example, if a high-level DUI is your first run-in with the law, it is possible to regain your driving allowance relatively quickly – sometimes in approximately two weeks. The fines for a first offense can run aware from $375-$1,075 excluding court costs. Additionally, a court may sentence you to serve six days to six months in jail. You will have to install an interlock device in your car, aka those devices in the movies where an individual has to prove to its car that it has not been drinking or obtain a yellow license plate. The court could also order alcohol or drug treatment at its discretion. The legal issues of a first offense generally add up to a first-degree misdemeanor. Basically, the penalties for excessive DUI vary; however, none are pleasant.

What Are Possible Defense Strategies for Excessive BAC?

Fortunately, when dealing with an excessive BAC charge, there are a few defenses:

  1. Machines Make Mistakes: Similar to challenging a speeding ticket that was read by a device, an experienced DUI defense attorney will challenge the accuracy of the device used to test your BAC. In doing this, a DUI lawyer is basically stating that an uncalibrated or dysfunctional device gave an improper reading.
  2. Alcohol Still Around: There is a chance that the device reading your BAC could be thrown off if there are traces of alcohol still in your mouth. That is to say that there is alcohol still physically in your mouth and not being read through your breath. This defense has the opportunity to work because there is a strong likelihood of a higher reading if alcohol is physically touching the device.
  3. Delay in Testing: It is possible that your BAC may actually increase with time. An Ohio DUI attorney may have an uphill battle with this one because a juror may not believe that the further away you were from drinking in time the higher your BAC, but it is possible.

So how can you avoid drinking enough to obtain an excessive BAC in Ohio? First and foremost, monitor how much you are drinking. You of all people know how alcohol will affect you and your ability to operate a motor vehicle. The safest option is to always take a cab or Uber if you have an alcoholic beverage and drink plenty of water and pace yourself throughout an evening.

We have families are the roads in Ohio, so we hope that you never decide to get behind the wheel intoxicated; however, we are here to fight your rights. If you or anyone you know is charged with excessive BAC in Ohio, please give us a call as soon as possible. These serious problems need serious attorneys. We will fight for your rights and ensure you are treated fairly