Prince George’s County DUI Defense of Rising Blood Alcohol
Rising blood alcohol refers to what is either called the ascending phase of alcohol absorption or extrapolation. That is the principle that when someone consumes alcohol, their body may only absorb alcohol at a certain rate. Someone could finish drinking at a certain point but their blood alcohol level may rise as their body absorbs the alcohol consumed earlier. This may be an important fact for a Prince George’s County DUI defense of rising blood alcohol and could be useful for a potential case.
All the alcohol may be absorbed, the alcohol level peaks, and could start to descend. Someone could have a higher blood alcohol level two hours after they have stopped drinking than when they actually stopped drinking. Defense attorneys may use a rising blood alcohol as a defense in a DUI when it is a close read to the legal threshold. A well-versed DUI attorney could know a suitable way to use this information in your defense. Contact a DUI attorney today in order to begin your case.
Evidence Used in Preparing a DUI Defense for Rising Blood Alcohol
When the body has absorbed all the alcohol consumed, the person’s blood alcohol level may be at its peak. That varies from person-to-person as to how much alcohol is consumed and how fast the alcohol was consumed prior to stopping. For this reason, preparing a Prince George’s County DUI defense of rising blood alcohol levels may be tricky.
When someone is pulled over for a DUI, they may be submitted to a variety of tests, but the actual breath test may be about an hour or two between the time the person was stopped and when they actually submitted to the test. If the body continues to absorb alcohol, then it could be a higher reading than it could have been earlier. A skilled attorney could use this information for the defendant’s benefit as the breathalyzer test may show a higher blood alcohol content, then it was while an individual was driving.
When Could This Argument Be Used?
This argument may only be made when the reading is close to the 0.08 threshold. If somebody’s reading is close to the threshold, it could be prudent to bring in an expert to testify two things: the person was on the ascending phase at the time they were driving/stopped but not at that level yet and that the reading may not be representative of how much they had in their system at the time of the stop.
Use of Expert Witnesses in a Maryland DUI Defense
An expert witness may be given greater weight than the average layperson and judges and juries could find their testimony persuasive. A judge may look at the facts, the history, the testimony of lay witnesses and experts, as well as their own personal experience and beliefs, in assessing the arguments and evidence presented.
Benefit of a Prince George’s County DUI Attorney
A defense lawyer who may have undergone several cases regarding driving under the influence based may know how to properly build your case. A Prince George’s County DUI defense of rising blood alcohol could be a delicate matter to present to the court but an adept attorney could help.
By giving a proper assessment of the viability of presenting a defense to the jury in light of the facts, evidence and supporting argument that could be presented to a jury or judge, a defense lawyer could help. Contact a criminal defense lawyer today for a free consultation.