What Is the Criminal Offense of Driving With an Unlawful Blood Alcohol Level In the state of Michigan, driving with “an unlawful blood alcohol level” is considered to constitute driving while under the influence of alcohol or drugs, therefore if you have been charged with driving under the influence (DUI), this may be your offence. This offense is sometimes referred to as “driving UBAL,” which is an abbreviation for “unlawful blood alcohol level,” which can also be written out as “UBAL.”
In scenarios like these, there are a variety of defense methods that can be utilized, particularly in situations where police video reveals a motorist who appears normal and shows no indicators of intoxication. There is no other subset of cases involving operating a vehicle while intoxicated for which advanced trial skills are required as much as these UBAL criminal cases.
Being charged with Unlawful Business Activities in Liquor in the State of the Great Lakes
In the state of Michigan, a charge of operating while intoxicated of this type can be brought in situations in which the state has conducted a forensic test of your breath alcohol or blood alcohol to determine your body alcohol concentration (BAC). The provisions of the legislation in Michigan allow the authorities to assert that your blood alcohol concentration (BAC) was at or over the permissible limit of 0.08 grams percent when you were operating a motor vehicle.
What Is the Criminal Offense of Driving With an Unlawful Blood Alcohol Level
DUI attorneys in Michigan refer to this type of UBAL charge as a “per se” felony. This means that if you are caught driving with a BAC that is above.08%, you are automatically regarded to be inebriated, regardless of whether or not the alcohol really affected your ability to drive. You run the risk of being charged for operating a vehicle while under the influence of alcohol based on the UBAL theory, which is a more challenging theory to defend against.
The Consequences of Being Charged with UBAL
The consequences of an OWI or UBAL conviction can have a profound impact on one’s life. In the event that you are found guilty, you may have to serve time in jail, perform community service, attend alcohol education seminars, pay hefty penalties, and have your driver’s license suspended. In situations where there has been a serious injury or death, you will be facing felony charges and a sentence that is even more severe.
Your private life will also be impacted for a very long time after you have finished serving your sentence. If you have an OWI conviction on your driving record, obtaining vehicle insurance may be difficult for you, and even if you are successful in doing so, you should anticipate paying significantly higher premiums than you would before your conviction. In addition, a conviction for an OWI or UBAL will remain on your criminal record for the rest of your life. This means that every employer, housing provider, or educational institution that examines your past will be aware that you have been found guilty of drunk driving.
Putting Together a Defense for a UBAL Investigation
Despite the fact that the evidence for the UBAL allegation comes solely from the results of the chemical test, this does not indicate that the theory of OWI cannot be successfully justified. To do so, however, almost always requires coming up with a strategy to undermine the precision, accuracy, or reliability of the result.
There is just a very tiny percentage of criminal defense attorneys in Michigan who have the necessary competence to carry out these procedures in an appropriate manner. In order to determine the amount of alcohol in the breath, a technique known as “infrared spectroscopy” is utilized, as opposed to the mass spectroscopy utilized in blood testing.
Therefore, in order to defend breath or blood testing, your DUI lawyer needs to have a clear understanding of these disciplines and how they pertain to the actual testing of your breath or blood. This is a requirement for defending breath or blood testing. Many lawyers lack the training and background to fully appreciate the complexities of breath and blood testing, as well as the science of measurement, which is more generally referred to as “metrology.” This is largely due to the fact that the stereotype that lawyers didn’t go to medical school because they were bad at math and science is mostly true.
After a defense to the breath or blood test has been identified, the following stage will be to use this knowledge as leverage in order to secure a favorable plea deal. This is not always achievable, however, because some prosecutors continue to refuse to lessen a charge. In circumstances like these, it may be required for your attorney to submit a request to the judge asking that the chemical test be dismissed as inadmissible evidence. Sometimes that effort, too, will not be successful, and when that happens, you and your attorney will examine the various choices available to you in terms of taking the case to trial.
When a case is tried before a jury, it is up to the jury to decide whether or not to accept the results of any chemical tests. If your attorney is able to persuade the jury that the test result in your case is tainted in some way, then they ought to come to the conclusion that the UBAL accusation was wrongly brought against the defendant. If you want to successfully convince the jury, you may need the assistance of an expert in the subject, such as a toxicologist. This person can explain to the jury how breath and blood testing works scientifically, as well as why the test result in your case is incorrect.
It is vital to conduct effective cross-examination of the witnesses who are relevant to the case. These kinds of “second-level” trial abilities are essential for routinely convicting juries to not accept faulty or unsubstantiated breath test results, which is one of the goals of this form of defense.