It is medically accepted that an individual’s blood alcohol content continues to rise until it reaches a peak level and then begins to diminish as the alcohol is processed by the body. It takes a significant amount of time after consumption for the peak blood alcohol content to be reached. Be it over one hour or four hours, an individual’s blood alcohol content increases until it gets processed.
A person’s blood alcohol content will be at its highest generally an hour or so after they have taken their final drink. In order to use the possible Fredericksburg DUI rising blood alcohol defense strategies, it may be imperative to speak with a distinguished DUI attorney regarding the details of your arrest.
The evidence used to prepare a Fredericksburg DUI rising blood alcohol defense could be that the person was arrested as soon as they entered their car and was given a breathalyzer test as little as an hour later. To mount a defense, the court must be shown when the individual had the last drink and whether there was just one or several breathalyzer samples taken.
The most important evidence for preparing a defense regarding a rising blood alcohol level is the time the alcohol was consumed and the breathalyzer test was completed.
Fredericksburg DUI rising blood alcohol defenses can be persuasive to judges and jurors because they make sense to most people, including experts. Anyone who has consumed alcohol understands that having had a drink or more does not mean they are drunk at the time. It takes time for the alcohol to have its full effect.
When that happens depends on a person’s weight and the type of food they had to eat, the type of alcohol consumed, and a variety of other factors. Thus, it can be important for people to understand that those and other factors have an impact on a person’s sobriety or intoxication while they are driving, especially if the alcohol was consumed shortly before driving.
The circumstances under which an attorney might use a Fredericksburg DUI rising blood alcohol defense could be due to the fact the person was not inebriated when they were driving. They may have been drunk by the time the police administered the test, but the defense can argue that the blood alcohol content was still rising at the time and that the client was not intoxicated when driving.
If someone believes they have a strong defense to a DUI charge, it is important to contact an attorney right away to discuss the defense and to see if any further testing is possible. Then they will evaluate the evidence that will be used against the person and what they could use in their defense.
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