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Is a high alcohol tolerance a good DUI defense?

On Behalf of | Sep 9, 2021 | Dui

You could face driving under the influence (DUI) charges for many different reasons. If you cause a crash, police officers may perform chemical testing and arrest you. If you display erratic driving, that could lead to a traffic stop that results in criminal charges. 

You don’t have to cause a wreck or drive like a maniac for the police to arrest you for impaired driving. If you admit to having consumed alcohol during an unrelated traffic stop, then police could turn their focus from a burned-out taillight or a speeding infraction to your drinking. You could potentially wind up failing a breath test even though your driving was normal, in which case the police will probably arrest and charge you. 

In that third scenario where you didn’t display any obvious signs of impairment at the wheel, is it possible to use your high alcohol tolerance to defend against those criminal charges?

Exceeding the limit can lead to charges regardless of tolerance

Some people naturally have a higher tolerance for alcohol because of their sex, weight or metabolism. Other people develop an alcohol tolerance after frequently or heavily consuming alcohol. 

Regardless of how much you believe that you can drink without it affecting your skill, performing a breath test that shows your blood alcohol concentration is over the legal limit of 0.08% can still lead to charges. That limit is a per se limit, which means that in and of itself, exceeding the limit breaks the law even if that much alcohol doesn’t affect your driving skills. 

Learning more about impaired driving laws can help you defend yourself against drunk driving allegations.