Fort Lauderdale Post-Driving Absorption of Alcohol Attorneys
The defense of post-driving absorption of alcohol is one that is commonly used in DUI cases. Post-driving absorption of alcohol results in the blood alcohol level in the body continuing to rise even after a person has stopped driving because it takes time for the body to completely metabolize the alcohol. This, combined with the fact that police officers must wait 20 minutes before administering a breath test, can mean a person’s blood alcohol concentration (BAC) was lower while they were driving than it was at the time of the test.
If you were charged with drunk driving after taking any kind of chemical test, it is critical that you speak to a Fort Lauderdale post-driving absorption of alcohol attorney right away. A attorney will know how to prove your BAC levels were below the legal limit while you were driving.
How Can Post-Driving Absorption of Alcohol Affect Chemical Test Results?
Chemical tests are not always administered immediately after a driver is pulled over. It is not uncommon for police officers to wait until they have arrested the person and taken them into custody to administer the test. Chemical tests administered for suspected DUIs are usually considered valid if they are performed within three hours of the arrest. For some individuals, their BAC is still climbing at that point, meaning the results will show a higher BAC level than they had while driving.
Blood alcohol levels also start falling once the alcohol has been fully absorbed. However, this happens faster for some than it does for others. It always happens more slowly than the rise in BAC levels. Even when a person’s BAC levels have started to fall, it may not happen quickly enough to provide an accurate result.
Expert Witnesses are Needed to Prove Post-Driving Absorption of Alcohol
Chemical test results are generally considered valid unless they are challenged by the defendant. As such, the burden of proof to show that the results are inaccurate shifts to you. Usually, to prove that your BAC was much higher when you were tested than it was when you were driving, expert testimony from a forensic toxicologist is necessary. These professionals can explain to the judge and jury the science behind BAC levels and the post-driving absorption of alcohol to show that you were likely not driving under the influence.
Most people do not have access to forensic toxicologists, but a DUI attorney will have a whole network of experts they rely on to prove their cases, and they will do so for yours, as well. If you can successfully prove your test results are inaccurate due to post-driving absorption of alcohol, the results can be suppressed so they cannot be used against you in your case.
Our Fort Lauderdale Post-Driving Absorption of Alcohol Attorney Can Prove Your Case
Challenging chemical test results is always difficult in DUI cases, but our Fort Lauderdale post-driving absorption of alcohol attorney at Meldon Law can help with your defense. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn more about your legal options.
