If your blood alcohol concentration (BAC) was over the legal limit for your age and license type, you are presumed to be guilty under the law. However, you still have the legal right to prove your innocence -- and in many cases, you should take it. You were not necessarily guilty of driving with a BAC of 0.08% if your test showed a BAC of 0.08% or higher. Many other circumstances matter, including:
- When the test was taken.
- Whether there was alcohol in your mouth.
- The accuracy of the test.
- Prescription medication and other substances in your blood that could skew results.
By the way, it doesn't matter whether you were actually impaired while you were driving. The law does not take your size, gender or physical fitness level into account in determining who should be charged with a DWI. If law enforcement officers believe they can prove that you were driving with a BAC at or above the legal limit, you will be charged.
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