Understanding Blood Alcohol Content (BAC) in DUI Cases in Florida
In Florida, Blood Alcohol Content (BAC) is crucial in DUI cases. If your BAC is .08 or higher, it’s enough to convict you of DUI. However, even if your BAC is below .08, you can still be charged and convicted. An experienced DUI attorney can challenge BAC readings on several grounds, including:
- Improper procedures by an officer or an untrained person
- Faulty or unreliable machinery
- Equipment not properly calibrated or maintained
- Medications like toothache gel or cough medicines that cause high readings
- High readings due to medical conditions
These are just a few examples. But did you know there might be a way to fight BAC-based DUI charges even if the machine was working correctly and none of these issues apply?
How Blood Alcohol Levels Change Over Time
Many people think that once someone stops drinking, their BAC starts to drop. Prosecutors often hope juries believe this, too. They argue that a driver’s BAC will always be lower thirty minutes after arrest than when they were driving. However, science shows this isn’t always true.
Alcohol takes time to be absorbed into the bloodstream. This process usually continues for 30 minutes to two hours after drinking, meaning the average person reaches their highest BAC (“peak BAC”) 30 minutes or more after drinking. Sometimes, it takes longer.
Example: Erin’s Story
Let’s consider Erin, a 125-pound woman who drinks two shots of liquor and then drives home immediately. Her peak BAC might reach about .085, just over the legal limit of .08 in Florida. Since she just drank, she hasn’t reached that peak yet.
A police officer sees her cross the center line and pulls her over. She admits to drinking two shots. It takes about 30 minutes to get to the station and another 20 minutes to administer the breathalyzer. By then, it’s been 50 minutes since she drove, and she might just be reaching her peak BAC.
The breathalyzer reads .083. In Florida, driving with a BAC of .08 or higher is a crime, even without impairment signs. However, Erin might not be guilty since her BAC was likely below .08 while driving.
Factors Affecting BAC Absorption
The process of absorbing and metabolizing alcohol varies between people and situations. Factors include:
- Whether and how much the person has recently eaten
- Health factors, including liver and digestive health
- Speed of alcohol consumption
Eating a large meal before drinking slows alcohol absorption. Drinking alcohol on a full stomach means it’s absorbed more slowly because the food delays absorption through the stomach lining. Drinking pace also matters. A healthy liver can process about one drink per hour, so spreading out drinks over time prevents reaching the same peak BAC as drinking quickly.
Breathalyzer and blood tests only show BAC at the test time. Considering how alcohol absorption and metabolism work is essential when facing a DUI charge. An experienced DUI attorney can help.
Changing BAC Levels as a Defense
There’s no simple way to determine if rising BAC levels apply to your case. Establishing that a BAC reading doesn’t reflect your BAC when driving requires expert analysis and testimony. If you’ve been charged with DUI and believe your BAC level was lower at the time of your stop, work with a seasoned local Tampa Bay DUI attorney who knows how to gather and present the necessary evidence.
Christopher G. Frey, Esq., a Tampa Bay DUI attorney, has dedicated his career to helping people charged with crimes in Florida. He specializes in Criminal Trial Law and understands the importance of finding the best DUI lawyer for your situation. He offers free consultations to those facing DUI and other criminal charges in the Tampa Bay area.
The information provided on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please contact a licensed bankruptcy attorney to determine your bankruptcy eligibility options.