Your blood alcohol content (BAC) level may be determined through testing: blood, breath, or urine. In every state in the U.S., you consent (implied consent) to testing when properly asked by a police officer as a condition of receiving a driver’s license. In other words, the cops are legally allowed to test your blood alcohol content level under proper conditions because you consented to it when you got your driver’s license.
A common question that DUI lawyers get is, “What is the legal blood alcohol content level?” Every state in the United States has decided that a BAC level of .08% or greater is illegal. In other words, if the testing properly administered by the police determines that your BAC is .08% or higher, you will be arrested for DUI. If your BAC is less than .08%, you’re not DWI.
A key argument that is often made in this area is whether the test was “properly” administered. Both the U.S. Constitution and the state’s DUI laws may determine what is”proper”, and your DWI attorney will likely challenge any weaknesses in the testing procedures.
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