Legal drinking and driving limit is .08% BAC. I tested .08% Do I have a case?

Asked about 5 years ago - Fort Worth, TX

Blood test at a hospital.

Attorney answers (3)

  1. Robert Sterling Guest


    Contributor Level 16

    Answered . The above answer is correct. Blood is becoming more common in DWI cases. Find a lawyer with experience in blood cases (breath tests were all the rage until a few years ago).

    Another consideration- The State has to prove you were over .08 when driving. More than likely your blood test was done an hour or more after driving. Make sure and ask your lawyer about retrograde extrapolation.

    Call a local experienced DWI lawyer ASAP.

  2. Robert Hampton Tuthill

    Contributor Level 14

    Answered . I agree with the previous two answers. There is also an argument that even if it is your blood and the test was done correctly, you likely fall within the margin of error for the test. So there is a possibility that you were actually slightly below .08 blood alcohol level.

    The extrapolation issue is also a good point. If you did not have a blood alcohol level of .08 or higher at the time of driving, the state will have a problem.

    Go hire yourself a lawyer and you will likely have a very good chance.

  3. Michael J. Nichols

    Contributor Level 9

    Answered . You have a case but you should choose a lawyer carefully. Make sure the lawyer understands the science behind chemical testing as well as the law. There are several things to examine when considering the reliability or accuracy of a blood test.

    More than anything else, the question for a fact-finder will be whether you were impaired because of drinking. Many other issues will be in play apart from just the blood test. Good luck.

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