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L. Patrick Mulligan & Associates, LLC L. Patrick Mulligan & Associates, LLC
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Do I Need a DUI Defense Lawyer If I Was Barely Over the Legal Limit?


Most states are particularly harsh on drivers convicted of driving under the influence (DUI) of drugs or alcohol. States usually have a legal blood alcohol concentration (BAC) limit by which all drivers must abide. In Ohio, all drivers over the age of 21 can only have a BAC of 0.08% or less. The only exception is commercial motor vehicle (CMV) drivers whose legal limit is 0.04%.

If you were pulled over and your BAC showed only 0.09%, you can still be arrested by a police officer on probable cause of your inebriation. You may also be given a blood test at the police station, which often offers more dependable results than a standard, handheld breathalyzer.

Likewise, even if your BAC was under the legal limit, you still might face a DUI charge if a police officer believes the alcohol consumption has made you drive erratically and unsafely. The same goes for drivers who have no alcohol in their system but have driven on prescription medication that makes them a little sleepy.

While your BAC may only be slightly over the legal limit, a district attorney could decide to continue with the prosecution of your case, meaning you will still need the help of an experienced Dayton DUI lawyer to help defend your rights and your freedom.

DUI convictions often lead to high fines, loss of your license for a brief period, jail, mandatory installation of an ignition interlock device (IID), and compulsory attendance in a substance abuse course. Being convicted of a DUI can be incredibly expensive for the average U.S. citizen. Do yourself a favor, and speak to an experienced lawyer regarding your case as soon as possible.

Contact us at (937) 685-7006 or fill out our online form to schedule a case consultation with us today.