DUI Defense Lawyer in Phoenix – Alcohol Absorption and Your Defense
If you were arrested for DUI and your blood or breath was then tested,
the results can only show how much alcohol was in your system at the time
the test was administered. The law, on the other hand, is concerned with
your BAC when you were actually driving. If the level of BAC had not yet
peaked when you were pulled over, it is possible that it was below the
legal limit of 0.08 while you were driving and only exceeded this limit
during the time between when you were pulled over and when you were tested.
An experienced Phoenix DUI attorney understands the biology and facts
related to the absorption of alcohol, and can present an argument to get
your blood or breath results dismissed as evidence in court. Joshua S.
Davidson has been rated as AV Preeminent® by Martindale-Hubbell®,
and is well-versed in this and other DUI defense strategies.
To understand how the principles of alcohol absorption could work in your
favor when defending against a DUI charge, it is important to first understand
how alcohol interacts with your body. When you drink alcohol, it is absorbed
into your bloodstream all along your gastrointestinal tract. At the same
time, your body works to eliminate the alcohol from your system by metabolizing
it in your liver, as well as secreting it out through your perspiration
Your body cannot eliminate the alcohol as quickly as it is being absorbed,
so there is a point during intoxication when your
blood alcohol concentration (BAC) "peaks" or "plateaus" – it hits its highest
point and stays at that level for a period of time. This occurs when the
rate at which you are absorbing alcohol is equal to the rate at which
you are eliminating it. Even after you stop drinking, there is a period
of time in which your BAC continues to rise before it reaches this point.