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DUI With Blood Alcohol Over .16%

Driving Under the Influence (DUI) is treated with utmost seriousness in New Castle, just as it is throughout the U.S., to ensure public safety on the roads. If you’ve been charged with a DUI involving drugs or alcohol, it’s essential to seek the guidance of an experienced lawyer right away.

New Castle follows a strict three-tier system when it comes to DUI charges. A Blood Alcohol Concentration (BAC) of 0.16% or higher is considered the most severe level of impairment. Offenders at this level face significant penalties, including prolonged license suspension, steep fines, and potential imprisonment. When facing such charges, relying on a trusted attorney with proven expertise becomes crucial.

What You Need to Know About BAC Testing

When you’re suspected of driving under the influence, law enforcement in New Castle typically requires you to undergo BAC testing. This may involve a Breathalyzer test or the collection of blood and urine samples to determine your alcohol concentration. Here’s what you should know:

  • A BAC of 0.08% or higher can lead to DUI charges.
  • A BAC of 0.16% or more is classified as a serious violation under New Castle’s DUI laws.
  • The tests must be conducted within two hours of your arrest.
  • Refusal to undergo testing can result in a license suspension of one year or longer.

Penalties for a DUI Conviction in New Castle

The consequences for a DUI conviction depend on the number of offenses and the severity of your BAC. Here’s a breakdown of potential punishments:

First Offense

  • Imprisonment: 3 days to 6 months
  • Fines: $1,000 to $5,000
  • License Suspension: 1 year
  • Additional Requirements:
    • Mandatory enrollment in a treatment program
    • Attendance at the Alcohol Highway Safety School

Second Offense

  • Imprisonment: 90 days to 5 years
  • Fines: $1,500 to $10,000
  • License Suspension: 18 months
  • Mandatory Ignition Interlock:
    • Device required for 1 year
  • Additional Requirements:
    • Attendance at Alcohol Highway Safety School
    • Possible enrollment in a treatment program

Third Offense

  • Imprisonment: 1 to 5 years
  • Fines: $2,500 to $10,000
  • License Suspension: 18 months
  • Mandatory Ignition Interlock:
    • Device required for 1 year
  • Additional Requirements:
    • Possible enrollment in a treatment program
    • Compliance with court-ordered guidelines

It’s important to note that penalties can be even more severe if the DUI offense results in bodily injury, death, or property damage. Victims may also file a civil lawsuit against you, compounding the legal consequences.

How to Respond When Stopped by the Police

Should you be stopped or arrested for suspected DUI, follow these key guidelines:

  1. Stay Calm – Remain composed and cooperative throughout the interaction.
  2. Avoid Admissions – Do not admit to drinking or using drugs.
  3. Say Less – Refrain from making any statements until your New Castle DUI attorney is present.

Defense Options for a BAC Over .16% DUI

Facing a DUI charge might seem daunting, but a skilled New Castle criminal lawyer can explore multiple defense strategies. These may include:

  • Challenging the Stop:
    • Question whether the police had justifiable cause to pull you over.
  • Proving You Were Not Driving:
    • Assert that you were neither driving nor impaired at the time.
  • Disputing Testing Procedures:
    • Contest whether BAC tests were conducted properly within the required time frame.
  • Questioning Equipment Accuracy:
    • Assert that the Breathalyzer or other testing devices were faulty or unreliable.

How a New Castle Criminal Lawyer Can Help

When facing DUI charges with a BAC over 0.16%, the expertise of your lawyer can make all the difference. A competent New Castle DUI attorney will:

  • Proactively Challenge Evidence:
    • Diligently examine the prosecution’s evidence to identify weaknesses.
  • Mitigate Penalties:
    • If the charges hold up, your New Castle criminal lawyer will aim to reduce fines, license suspensions, and jail time.

Choosing the right attorney could mean the difference between a conviction and a favorable resolution.

Take Action Today

Are you facing a DUI charge? Don’t wait. Reach out to us online or call us at (844) PITT-DUI to schedule a free consultation with a top-tier New Castle DUI attorney. Our team at Logue Law Group proudly serves New Castle, Ohio, West Virginia, and nearby communities.

Our attorneys have extensive training in every facet of DUI law, including arrest procedures and BAC testing. We’re here to help you protect your rights and secure the best possible outcome for your case.

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