A person’s blood alcohol content at any given time is determined by a number of factors, including body type and size, the amount of alcohol consumed and the rate of consumption, how much the person had to eat before or during alcohol consumption and a person’s natural metabolic rate. When examining a DUI case, it is critical to note the time that any BAC-determining test was administered, in relation to the last alcoholic beverage consumed.
When you consume an alcoholic beverage, your BAC does not spike instantaneously. It takes time for your body to absorb the alcohol, and your BAC slowly rises in conjunction with your body’s metabolic processes. This knowledge can sometimes be used to a DUI defendant’s advantage.
Say, for instance, you leave a party where you have consumed alcohol. Depending on the length of time between your last alcoholic beverage and you getting behind the wheel to drive home, your defense attorney may be able to show that your BAC at the time of you driving was actually lower than it was when tested by law enforcement officials.
By the time an officer pulls you over, runs a check of your credentials through the state’s system, performs any roadside sobriety tests to determine probable cause, arrests you, takes you to the jail or processing station and performs a proper BAC test, your blood alcohol content could be considerably higher than it was when you were actually on the road driving. Again, this is due to the fact that alcohol is slowly absorbed by your body and into your blood stream over time.
A knowledgeable DUI defense attorney will be experienced in rising blood alcohol arguments, and should ask you questions relating to the time between your last drink and law enforcement officers’ testing of your BAC.
Marcos Garza is a seasoned defense attorney who is experienced in DUI law. He has dedicated his practice to helping those charged with driving under the influence fight for their right to a fair trial, and he can do the same for you.
If you have been charged with DUI in the state of Tennessee, call the Garza Law Firm at (888) 680-7554. We will sit with you for a free consultation to discuss the details of your case.
Don’t delay—call (888) 680-7554 for a free, no-risk consultation today.