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Blood Alcohol Levels

Interviewer: Once someone is charged, what happens if their blood alcohol level is not only above .08 but is above .15 or even higher? Is there a different class of charges that they’d be charged with if the level were that high?

Increased Penalties for Higher Levels

Adam: Actually, .14 would be the next higher level where the cutoff falls at and there are more penalties. There are different levels of penalties for each higher level of alcohol in the blood. There is a chart that indicates what penalties are imposed on each level of blood alcohol content.

Aggravating Conditions Can Enhance Penalties

Interviewer: Are there any other factors that would be considered aggravating or would enhance the penalties on the DUI?

Adam: Obviously, if there was a vehicle accident or property damage of any kind, that would make it harder to get your charge reduced or dropped.

Interviewer: Out of morbid curiosity, what’s the highest blood alcohol level you’ve ever run into?

Urinalysis is not an Accurate Indicator

Adam: I’m trying to think. I had somebody who was close to a .20. This person actually had several different readings. When you’re stopped in Ohio, they give you the test in the field and then they have to administer a test wherever the arresting police station is. I don’t know why, but in the one case they also performed a urinalysis, which isn’t as accurate as a true Breathalyzer.

Interviewer: If people blow over a .08 at the station or they take a urine test or blood test, are they essentially “doomed” or are there ways to challenge those tests?
By Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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