I blew over a .08% BAC on the Intoxilyzer. Do I automatically lose my case?
No, a .08% BAC or above test does not mean that you are automatically guilty. Many factors can affect a breath test including medical conditions, chemical exposure and body temperature. Also, you may have been illegally stopped or deprived of important rights during your arrest. In the hands of a skilled OUI/DWI/DUI defense attorney these facts and many others can lead to an acquittal or dismissal of charges.