If you were arrested and charged with DUI, there are certain issues that must be assessed by a skilled DUI attorney. One of these issues is blood alcohol absorption rates. To be guilty of DUI, it must be proven that you were at .08 or higher – at the time you were driving. The timing of the BAC testing is of crucial importance in your defense case. When a person ingests an alcoholic beverage, the entire amount of alcohol in the drink is not absorbed at once. As the liquid travels through the body, there are varying amounts of alcohol in the blood. Initially, upon consuming one drink, the alcohol level in the blood increases. This absorption of alcohol will continue for a period of time, as the alcohol moves through your body. Later, after stopping drinking alcohol, the level will begin to reduce. There have been studies that establish that there are various factors that will affect the rate at which alcohol is absorbed by an individual's system. The amount and type of foods you have consumed will affect how the alcohol is absorbed. Your size and weight also affect how your body handles alcohol. The peak level of alcohol in the blood is estimated to last for about 1 hour.
You may believe that you are safe from an arrest for DUI because you had only one or two drinks and your understanding is that you are not above the legal limit. In fact, at the time you were driving, you may not have been above the limit. The time that passed between when you were stopped and when you were tested can be a significant factor in a DUI defense. As you are not allowed to get behind the wheel and drive while above the limit, the testing of your blood or breath must take place within a specific period of time, or the results could be inaccurate. Alcohol absorption can be a critical factor in your DUI defense. Did you have only one or two drinks, and were later arrested for suspicion of DUI, and blew above the legal limit? Get an attorney who is familiar with the science behind alcohol absorption to look over your case. Attorney Adam Allen Arant is a San Jose DUI attorney that focuses on the science behind DUI. Connect with the firm today if you have been arrested and charged.