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Factors Affecting Alcohol Absorption Rate In DUI

Posted by Ronald D. Hedding | Aug 27, 2018

Several different factors can affect how the alcohol is absorbed through your body regarding a DUI in Los Angeles county. Some of the factors include your weight, your height, your body structure, how much you've eaten that day, how much alcohol you drank, the type of alcohol you drank, how much water you had when you drank about when the authorities are doing the DUI testing. There's a whole host of different factors.

The bottom line is this. A lot of this stuff is common sense. The law is apparent that you cannot use any substance, including alcohol, drugs, prescription drugs, and all sorts of other substances that affect your ability to operate a motor vehicle safely.

This law is designed to protect the community and the public against people who are drinking and driving and using other substances and driving, getting in accidents, hurting people, and killing people.

You have to look at the totality of what's going on about the DUI arrest. I ask some crucial vital questions when I'm talking about his whole alcohol absorption rate: how many drinks did you have, what type of drinks were you drinking, when about the testing had you stopped drinking, how much food had to be eaten.

I'd say a huge percentage of my client has eaten nothing and are just surviving on alcohol, going out, and trying to drive and then they are surprised their blood alcohol level is so high. This whole absorption issue has to do with a defense to a DUI by saying that the entire alcohol absorption issue applies to your case, and you didn't have that many drinks, and there's no way your blood alcohol level can be where it's at.

Amount of Alcohol Consumption vs. Body Weight

So, that's why I'm asking people how much did you drink? And then I'm comparing that -you know, based on twenty-five years of experience with – what's your blood alcohol level? Somebody tells me they had one drink, and they tell me, hey, I'm telling you the truth, I only had one 12-ounce beer, and their blood alcohol level is over the legal limit – unless that person weighs like 80 pounds something wrong there.

Now we can get an expert involved. Now we can get into this whole alcohol absorption rate and talk about what the prosecutors will need to prove in a jury trial in a DUI case because that's what you're going to look at to prove you're guilty.

The expert will have to say, okay, we have a blood alcohol level at a certain point, an hour, two, or three hours after the arrest. How will I prove what your blood alcohol level was at the time of the driving? Who cares what it was two hours later.

This is where you get into this whole alcohol absorption rate. This is where the expert is attempting to extrapolate backward and say, okay, if you were a .09 at 10:00 p.m., at 8:00 p.m., you must have been a certain amount, and then they say, why?

A lot of this is subject to attack, and many times, it is voodoo science where these guys are just coming up with numbers and things that don't make any sense. If you've had a bunch of drinks and you got caught – you didn't eat anything, and your blood alcohol level is high – these lawyers that are claiming they're going to get you a not-guilty verdict or get you off or get the case dismissed to get your money – they're just wasting your time and wasting your money.

Contact Us For Help

It would help if you had someone who is going to be straightforward, honest and tell you whether this whole alcohol absorption rate applies to your DUI case or not. Not every single defense in a DUI applies. They apply to the cases they use to, and most time, reasons don't apply to a particular topic.

So, you have to look at the specific facts of your case. Sit down with a seasoned DUI defense attorney who has been down this road, and if you have an alcohol absorption issue, you need to talk to the attorney about that.

Explain why you think you have an alcohol absorption issue related to your DUI and let them talk to you about it to see if that's feasible or if that's something that's just idiotic and doesn't make any sense. You're not going to be able to tie in any expert testimony or an excellent defense to it.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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