BAC: Blood Alcohol Content

Get Counsel from an OUI Attorney in Western Massachusetts

In the Commonwealth of Massachusetts, you will be arrested for operating under the influence if you cannot successfully complete a field sobriety test or are found to driving with blood alcohol content (BAC) above the legal limit. Alcohol is quickly absorbed into the bloodstream, and is mostly broken down by the liver, which is a slow process. Massachusetts defines BAC as the "percentage, by weight, of alcohol in a person's blood, as measured by a test of the person's breath or blood." For most adults, a blood alcohol content of more than .40 percent is lethal. If your BAC is measured at .08, you will be arrested for drunk driving. If you are under the age of 21, you will be charged with an OUI for a BAC of .02 or greater.

If you are stopped on the suspicion of driving under the influence, the officer will ask you to consent to a breath or blood test to determine your BAC. A breathalyzer tests the concentration of alcohol in the breath from your deep lung region. Breathing deeply into the machine indicates the amount of alcohol in your blood. For a blood test, the officer will take you to have your blood drawn in a laboratory, where the sample will then be analyzed to determine your BAC. You can refuse to take a chemical test, but your license will be suspended.

Our team has certified administers of the field sobriety test by the national highway traffic safety administration. We understand OUI cases from both sides and work with clients to ensure they get the possible outcome.

What if My BAC Was Above the Legal Limit?

Failing a BAC test does not mean you will be convicted for an OUI, but you will need the support of a capable attorney. There are ways to fight the determination of your BAC based on problems with breathalyzers and blood tests.

Some of these issues include:

  • Problems with breathalyzers: Results could be affected by improper administration, poor machine maintenance, radio frequency interference, machine malfunction. Machines can be assessed to determine if they were up to standards. The officer that conducted the testing can also be examined since there are many situations in which they were improperly trained.
  • Problems with blood tests: Results could be incorrect because the sample was contaminated or fermented, the analysis was read improperly, the test was incorrectly administered.

The opposite could be said as well. Some individuals face charges even if they are found to have a BAC level that is below the legal limit. This type of charge can be very subjective in certain situations and it can be left up to the arresting officer to determine if they believe the individual is past the point of being able to drive. They may have observed swerving or an unsafe lane change and use their judgment to determine the suspect operating a vehicle is a danger to both themselves and others around. It is a common misconception to believe that there is no form of defense against drunk driving, but there are actually many valid reasons why charges should be reduced or dropped in cases.

Talk with an OUI Lawyer Today

There are many variables that can negatively affect your BAC results, which is why you need a knowledgeable legal counselor to assess your situation. Our lead attorney has defended clients against OUI charges for 19 years, and he may be able to help you fight charges of drunk driving. Our team understands the serious penalties you are facing, and we may be able to use our extensive experience to develop a thorough defense for your case. You will need aggressive representation to speak for your rights and freedoms before the court. We provide clients with personalized attention and sound counsel, so that they can be confident that their case will be given the best chance for success.

Don't hesitate to contact aWestern Massachusetts DUI lawyer from The Law Offices of Joseph D. Bernard P.C. today to get your free consultation.