Defense Relies on Blood Alcohol Content Results

A Las Vegas lawyer receives an abundance of frantic calls from clients who can only provide him with sketchy details of their arrest incident. One of the first things a Las Vegas attorney will do for a client is to review all the details provided in an arrest report. The arrest report contains all the testimony given from all parties involved. The officer who detains an individual will complete his statements and they will be included. Any statements issued by the detained person will be included and any accounts provided by third-parties will also be available in this report. Looking through this information can prove to be extremely useful as a client and their representative try to reconstruct the details of the incident. On occasion there are particular statements, details, or technical information that may be useful to them as they build a defense against the pending charges. One particular item which can often prove very beneficial as a defense is being prepared is the blood alcohol level recorded at the time of arrest. The details surrounding the BAC, as it is commonly referred to, should be carefully viewed by one’s legal representative.

The BAC in the most basic of terms is the amount of alcohol able to be measured in one’s blood. In the United States any BAC of 0.08% or higher is considered to be an unacceptable level for getting behind the wheel of an automobile. There is really no way to accurately measure how few or how many drinks it may take to reach such a level. Obviously such factors as height and weight have a significant bearing, as does an individual’s metabolism. If an individual takes pain medication or prescription medication, then that too can have an effect on how alcohol is metabolized throughout the body. When someone is requested to pull over because of suspicions of impairment, an officer’s opinion is not solely sufficient to determine an individual’s drunkenness. A BAC test must be administered in addition to any visual evidence an officer may claim to have seen. If an individual will not cooperate in taking a BAC test or if the test is taken and a BAC level is over acceptable limits then chances are, the charges will be deemed to have merit. If, however, one’s legal representative can show that the test was administered incorrectly or against a client’s will, this can give a defense a basis for argument. If the BAC registers within legal limits and a client is still detained there can also be legal ramifications associated with that scenario.

Since BAC tests are one of the biggest factors in a defense against operating a vehicle while intoxicated, a good legal representative will know just what to be looking for in an arrest report. He will be checking to see that the BAC test was administered correctly and that all required information has beendocumented properly. An individual’s representative can also explain all the defense options an individual may have, especially as it relates to the results of having taken or having refused a BAC test.

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