You thought your blood alcohol content (BAC) was below the legal limit of 0.08%, and it might have been when you were pulled over for drunk driving. However, by the time the police officer tested your BAC, it was 0.08% or higher, and you were arrested for drunk driving.
If you think this happened to you, you need to contact an experienced Fort Lauderdale drunk driving defense lawyer as soon as possible. Attorney Robert Malove has helped hundreds of people charged with DUI, and he will consider all potential drunk driving defenses for you.
The Science Behind Alcohol Absorption
When you consume alcohol, it is absorbed into your bloodstream through the walls of your stomach and small intestine. This absorption process takes time, which means that the alcohol you consume doesn't instantly enter your bloodstream at the same rate you're drinking it. Instead, there is a delay between the time you drink and the time your BAC reflects your actual alcohol consumption.Several factors can affect the rate of alcohol absorption and the subsequent alcohol absorption delay:
- Type of beverage. The strength of the alcoholic beverage you consume can influence how quickly alcohol is absorbed in your body.
- Food intake. Consuming food along with alcohol can slow down the absorption process. A full stomach can potentially delay the entry of alcohol into the bloodstream.
- Time. The time over which you consume alcohol plays a role. If you drink over an extended period before driving, there may be a longer delay in alcohol absorption.
- Health and physiology. Certain health conditions, medications, and physiological factors can affect alcohol absorption rates.
- Individual characteristics. Age, gender, and metabolic rates can also influence how quickly you absorb alcohol.
The Alcohol Absorption Delay Defense
Alcohol absorption delay may be a potential DUI defense strategy. Attorney Malove may consider this defense in your case if there was a significant time gap between when the police stopped you and when your BAC was tested. It is possible that your BAC may have increased during this time. Your BAC may have been below the legal limit when you were driving but increased to an illegal level by the time you were tested.While the alcohol absorption delay defense can be a compelling argument, its success hinges on the evidence your lawyer has to support it. For example, your lawyer may use:
- Documentation. The police should document the time they pull you over, the time of your BAC test, and the type of test used. All of this may be relevant to an alcohol absorption delay defense.
- Eyewitness testimony. Bartenders and others who saw you drink and passengers who witnessed your behavior in the car may provide relevant evidence in your case.
- Expert testimony. Expert witnesses, such as medical professionals or toxicologists, can provide valuable insights into the alcohol absorption delay phenomenon, its effects, and its potential impact on your case.
Now Is the Time to Consider a DUI Defense Strategy
Being arrested for drunk driving is a serious matter that requires a well-considered defense strategy. Attorney Robert Malove will consider the alcohol absorption delay defense, if applicable, and any other possible defenses, including testing accuracy to ensure that you are treated fairly and your rights are protected.