July 18, 2012

DUI Myth Busters: High BAC Can’t be Won

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High BAC DUI cases can be challenged if you have the right lawyer. High BAC DUI cases can be challenged if you have the right lawyer.

Many people who are charged with a DUI believe that cases with a reported High BAC number cannot be won.  This, however, is not correct.

(At The McShane Firm, we have won many high BAC cases in the past: High BAC cases won by The McShane Firm)

A good DUI lawyer is trained in how to challenge these test results.  Some of the common challenges are:

Were the machines properly maintained and calibrated?Did the person conducting the test follow the right procedure?Were any constitutional rights violated to obtain the test?Could the specimen have been contaminated?Was the specimen handled properly?Were there other reasons that may have caused a high test result other than ethanol?

As you can see there are many questions that need to be answered before a test result can be considered as evidence. (Please see DUI breath testing and DUI blood testing)  A good DUI attorney will have the scientific knowledge and trial skills needed to fight high BAC cases.

However, many DUI lawyers do not throughly challenge the evidence in the case and  thus leave you helpless in front of the prosecution.  This is why it is important to find the best DUI lawyer available to defend your case and protect your rights.

View the original article here


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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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