Palm Beach DUI Attorneys – Alcohol Absorption
"Alcohol Absorption in DUI Cases"
Palm Beach Broward County DUI attorneys know that alcohol continues to absorb into the bloodstream for approximately 50 minutes after the cessation of drinking. This will cause many chemical test results to indicate a higher BAC level than at the time of driving. Most Palm Beach DUI defendants are stopped within 15 minutes of their last consumption of alcohol, and are administered chemical tests approximately 45 minutes after the initial stop by the Palm Beach Sherriff’s officer. Naturally, the test result will be higher and the defendant could be wrongfully charged with DUI. Thus, it is possible to argue that the chemical test result is inaccurate because it inflates the actual BAC level at the time of driving.
Strategy: Avoid consuming alcohol for a period of time prior to driving or document the amount of alcohol consumed within one hour of driving. If a person drinks a beer and a shot for the road, this can significantly enhance the BAC result an hour later. Since breath tests are especially susceptible to erroneous BAC results, demand an independent DUI blood test if you desire the most accurate indicator. DUI attorneys should note that officers often attempt to provide suspects with a Palm Beach Sherriff’s Office Blood draw kit following this request.
It is questionable as to whether the providing of a Palm Beach County Sherriff’s Blood draw is considered and independent blood test in a DUI investigation. Contamination of the specimen is not so much the issue as is the fact that such facts hardly qualify as independent for purposes of the statute. Nonetheless, a few times a year, we do see DUI cases originating out of Palm Beach County that involve using standard police testing kits where independent blood draws are requested.
