“One for the road?”

I have previously talked about how the blood alcohol level measured by the government may not be accurate. Because the blood alcohol level relied upon by the prosecution only measures your alcohol level at the time of the test, what else can affect your reading and may be a valid defense? Just like alcohol is “burned off” by your body, it also absorbs into your system over a period of time. If you have an alcoholic drink, it does not immediately enter your system and show up in your blood alcohol level right away. It takes time for your stomach and intestines to absorb the alcohol and for it to enter your bloodstream. Alcohol consumed right before driving may not be in your system right away. So what if you had alcohol in your stomach, but not in your blood at the time of driving? By the time you are arrested and processed by the police, then a blood alcohol measurement is taken, now that alcohol that was in your stomach is in your blood. What happened is that your alcohol level actually went up after you stopped driving. Depending on the time between when you were stopped and when the blood alcohol test was taken, your level might be 0.01 to 0.04 (or more) higher at the time of the test than when you were driving. Even if your alcohol reading appears to be above the legal limit, consult with an attorney before assuming the number is correct and you’re left with no choice but to plead guilty. You may have options.

3 Trackbacks

  1. […] you were driving. I’ve talked before about problems with the blood alcohol results and the defenses you may have against a DUI charge.  But aside from those defenses, what about proving who was […]

  2. […] The blood alcohol level is also subject to attack, depending on the facts of your case. (See these links for more: 0.08% doesn’t always equal DUI; inaccuracies in blood alcohol levels) […]

  3. […] “One for the road?” – the inaccuracy of blood alcohol results in DUI cases […]

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