One of the strongest pieces of evidence a police officer can use against a driver in a DUI case is their blood alcohol test results. If a person’s blood test or breathalyzer test results indicate they were above the legal limit while they were driving, these results are generally considered as solid evidence of intoxication.
When a person has a high BAC, generally above 0.08%, their results are considered enough evidence for an officer to arrest and charge a person accordingly. Sometimes it is not even necessary to have a high BAC but if a person was driving a commercial vehicle or they were underage and any amount of alcohol is detected in their blood they can be charged for DUI. However, there are some cases in which a person’s BAC cannot be used against them in court.
Monroe man has his blood alcohol levels suppressed during a DUI case in Monroe, LA
A 29-year-old man by the name of Scott Alan Matthews was recently arrested and charged with DUI and vehicular assault. His vehicle collided with another vehicle and caused significant injuries to the other driver and also put the other driver’s child passenger in severe danger as well.
Despite the severity of the accident, when Matthews was taken into court he actually had his BAC levels withheld from the court proceeding because it turns out that the officer had not informed him entirely of what the consequences would be if he did not comply to the blood test.
Matthews assumed he would still be eligible for the ARD program, which is why he gave his blood test. However, he was later told that his case was not eligible for the ARD program.
If a police officer fails to inform a person of the consequences of not giving the blood test then a person may be able to use this to their advantage during the court trial. A DUI attorney in Monroe, LA can help a person figure out their rights and can also help a person collect the required evidence and complete the required paperwork to have their penalties decreased as much as possible.
What is the ARD Program?
The Accelerated Rehabilitative Disposition (ARD) program allows first-time offenders to complete a probationary period of fulfilling specific requirements such as community service and the paying of certain fines. If a person is able to complete this program and fulfill the probationary period without further running into trouble with the law they can have their charges lifted and completely erased from their record.
The ARD program is generally only for individuals who have a very simple DUI case and their BAC levels were relatively low. For anyone who had an accident while they were drunk or for individuals who were highly intoxicated when they were arrested, they will have to speak to a lawyer in order to determine which routes they can pursue to lighten the consequences they are being subjected to by the court.