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Can B.A.C. change on forms after conviction?

Charlotte, NC |

I was in an accident and charged with DUI without a field sobriety test. Blood alcohol was tested by blood test and 2 hours after by urinalysis. Both B.A.C.s were .067. I was still convicted. After release, I started probation and my paperwork says .08 as the B.A.C. Is this normal and can I fight it after release?

To answer a question posted, I pleaded not guilty and was convicted. I did 2 and a half years in prison and 5 years on probation. I don't drink or use any drug. I still have my court transcript with the real B.A.C. results.

Attorney Answers 3

  1. Were you convicted? Did you have a trial or did you plead guilty. I'm a bit baffled. Your BAC should be what it was initially. Your BAC should not magically change to a higher BAC.

    The response to your question was prepared by the Law Offices of Raushanah F. Rodgers, PLLC for informational purposes only. Before you make a decision that may have legal implications, you should consult with a qualified legal professional to obtain specific legal advice tailored to your situation. Our response is not an invitation to enter into nor does it create an attorney-client relationship. Our response may be considered advertising under the North Carolina, New York and or Virginia Rules of Professional Conduct, all of which are applicable to our legal practice.

  2. It has changed, the problem is now how do you fix it, and is it even worth trying to fix it. There should be no real fighting to it, but you can probably get something done once you are released.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

  3. It would be unusual for tests administered two hours apart to have the same number. BAC changes over time (first going up as the alcohol in your stomach is absorbed, then down as it gets broken down in your bloodstream).

    You didn't say how you were convicted, if a guilty plea or trial, nor what "paperwork" shows a 0.08. I suspect the state used their expert to show that given those test results, your BAC was likely 0.08 or higher at the time of the accident.

    Those can certainly be challenged at trial, but if you were convicted of DUI, that wasn't done.

    As to why they chose a 0.08 - would need to see the paperwork you are talking about, it may be the mitigating factor of slight impairment or it may be something else. If you had a lawyer handle the DUI your best bet is to go back to them for clarification.

    This is general advice only, nothing herein constitutes an attorney/client relationship.

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