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DUI With Blood Alcohol Over .16%
Driving under the influence offenses are treated with utmost seriousness in Erie County, with law enforcement prioritizing road safety consistently. If you’ve been charged with driving under the influence of alcohol or drugs, it’s essential to contact an experienced Erie DUI attorney as soon as possible to protect your rights and build your defense.
Understanding the .16% BAC Tier
Erie County follows a three-tier DUI system, where a Blood Alcohol Concentration (BAC) of 0.16% or above is classified as the highest level of impairment. This level carries severe penalties, including extended license suspension, substantial fines, and potential imprisonment. If you’re facing a charge under this tier, securing representation from a competent Erie criminal lawyer at Logue Law Group can make a critical difference in the outcome of your case.
What You Need to Know About BAC Testing
When you’re suspected of DUI, law enforcement typically conducts BAC testing. This may involve using a Breathalyzer or testing your blood or urine to measure alcohol levels in your system. Here’s what you should know about this process:
- A BAC level of 0.08% or higher qualifies for DUI charges, but a BAC of 0.16% or more significantly elevates the offense.
- Testing must be performed within two hours of the time of arrest.
- Refusing to take these tests can result in a license suspension of at least one year.
Erie DUI attorneys often scrutinize the accuracy and procedural compliance of these tests when formulating a strong defense.
Penalties for DUI Convictions at .16% BAC
The consequences of a DUI conviction at a BAC of 0.16% or above vary depending on the number of prior offenses:
First Offense
- A jail term of 3 days to 6 months.
- Fines ranging from $1,000 to $5,000.
- Mandatory one-year driver’s license suspension.
- Enrollment in an alcohol treatment program.
- Attendance at the Alcohol Highway Safety School.
Second Offense
- Imprisonment for 90 days to 5 years.
- Fines ranging from $1,500 to $10,000.
- An 18-month license suspension.
- Mandatory installation of an Ignition Interlock Device for one year.
- Attendance at the Alcohol Highway Safety School.
- Possible enrollment in a treatment program.
Third Offense
- Imprisonment for 1 to 5 years.
- Fines between $2,500 and $10,000.
- An 18-month suspension of driving privileges.
- Mandatory use of an Ignition Interlock Device for one year.
- Potential enrollment in a treatment program and compliance with additional court mandates.
Note that harsher penalties may apply if the DUI incident involves injuries, fatalities, or property damage. Such cases may also lead to a civil lawsuit.
What to Do If You’re Arrested
If you’re pulled over and arrested for DUI, it’s crucial to handle the situation carefully. Here’s what the attorneys at Logue Law Group recommend:
- Stay calm and polite throughout the interaction.
- Avoid admitting to drinking or using impairing substances.
- Refrain from making any statements or answering questions without an Erie DUI attorney present.
How to Defend a DUI Charge
When facing these charges, it’s important to explore every available legal avenue. A skilled Erie criminal lawyer can employ several defense strategies, such as:
- Challenging the legality of the traffic stop or arrest.
- Demonstrating that the driver was not impaired or wasn’t behind the wheel.
- Contesting the accuracy or validity of the BAC tests performed.
- Questioning the reliability and maintenance of the testing equipment used.
These defense options can significantly affect the outcome of your case and may result in reduced penalties or a complete dismissal.
How Logue Law Group Can Help
A DUI case involving a BAC of 0.16% or higher is complex, and having a capable Erie DUI attorney on your side can make all the difference. At Logue Law Group, our team of experienced attorneys will:
- Closely examine all evidence presented by the prosecution to identify vulnerabilities and inconsistencies.
- Challenge the methods and compliance of BAC testing procedures.
- Work to mitigate penalties and explore every option for reducing fines and minimizing consequences.
Our deep understanding of DUI law, including the strict protocols surrounding arrest and BAC testing, can offer critical insight and assertive advocacy in your case.
Contact Logue Law Group
If you’re facing a DUI charge with a BAC of 0.16% or higher in Erie County, don’t wait to seek legal representation. The team at Logue Law Group is here to provide you with skilled, effective support. Reach out to us today for a complimentary consultation by calling (844) PITT-DUI or contacting us online.
Our attorneys serve Erie County, Ohio, West Virginia, and surrounding areas, offering a thorough and client-focused approach to every case. Protect your future and your driving privileges with the trusted expertise of the Logue Law Group.