There are a number of different factors that can affect how the alcohol is absorbed through your body when it comes to 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 in relation to 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 if very clear that you cannot use any type of a substance, including alcohol, drugs, prescription drugs and all sorts of other substances that affect your ability to safely operate a motor vehicle.
What this law is designed to do is to obviously protect the community and protect the public against people who are drinking and driving and using other substances and driving, getting in accidents, hurting people, killing people.
You really have to look at the totality of what’s going on in relation to the DUI arrest. I ask some crucial key questions when I’m talking about his whole alcohol absorption rate, and that is, how many drinks did you have, what type of drinks were you drinking, when in relation to the testing had you stopped drinking, how much food had to eaten.
I’d say a huge percentage of my client have 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 really has to do with a defense to a DUI by saying that the whole alcohol absorption issue applies to your case and you really didn’t have that many drinks and there’s no way your blood alcohol level can be where it’s at.
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, there’s something wrong there.
Now we can get an expert involved. Now we can get into this whole alcohol absorption rate and we can talk about what the prosecutors are going to need to prove in a jury trial in a DUI case, because that’s what you’re going to look at in order to prove you’re guilty.
Really, what the expert is going to have to do is say okay, we have a blood alcohol level at a certain point, an hour, two or three hours after the arrest. How am I going to 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 backwards 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 a lot of times it really 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 just to get your money – they’re just wasting your time and wasting your money.
You need 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 apply to; and most time, defenses don’t apply to a particular case.
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 issues then 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 really something that’s feasible, or if that’s something that’s just idiotic and doesn’t make any sense and you’re not going to be able to tie in any expert testimony or a good defense to it.