Alcohol Absorption

San Jose DUI Lawyer Building a Strong Defense

After you consume alcohol, your body goes through the alcohol absorption and elimination process. The alcohol is absorbed into the blood stream through the stomach and mainly the small intestine. After this, it is then eliminated (or metabolized) mostly within the liver. A certain percentage of the alcohol exits the body through breath and urine, which is why officers estimate the percentage of alcohol in a person's system through breath and urine tests.

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Factors Affecting Absorption

The rate at which an individual's body absorbs and eliminates alcohol (which affects what a person's blood alcohol concentration will be) varies from person to person. This is because this rate is highly dependent on the individual's physiology.

Despite the fact that alcohol absorption occurs differently for different types of individuals, the legal system insists on measuring alcohol impairment in a cookie-cutter fashion, assuming that all individuals will be influenced by alcohol in the same way.

Did your alcohol absorption rate impact your DUI test results?

After people drink, their blood alcohol concentration (BAC) levels rise sharply, reach a peak level, and then drop. A person's alcohol absorption rate impacts how quickly that individual reaches his or her peak alcohol concentration. Because of the dramatic changes in the BAC level that occur, it can become very misleading as to what alcohol level a person actually had while driving—especially if someone happens to be tested during his or her peak BAC period.

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If you are facing DUI charges (or charges for driving under the influence or alcohol), it is possible that important aspects of your alcohol absorption rate may have been overlooked in your case. Your alcohol absorption rate could have made it appear that you were impaired by alcohol while driving when this was actually never the case. Our San Jose DUI attorney at The Law Offices of Adam Allen Arant can help you assess your case and determine whether you can incorporate your alcohol absorption rate as part of your defense.