DUI blood alcohol and drug levels are always are changing. DUI laws make it illegal to “”drive” under the influence of alcohol, drugs or a combination of the two or drive wiith over .08 blood alcohol (B.A.) level or more. The B.A. level or drug level is always climbing or falling. There are general guidelines which help forensic alcohol/drug experts estimate levels at the time of driving even though the tests are later.
There are a number of variables like time of ingestion, type and amount of alcohol or drugs, body weight, full or empty stomach and individual metabolic differences. Despite those variables, experts can guestimate levels at time of driving which a jury may rely on. Obviously, blood tests provide the most accurate levels and are available for retesting. In every case, the field breath test is taken soon after the driving on the scene, while it may be kind of accurate, it is the least accurate and subject to attack in trial. If you just quit drinking within 30 minutes or less of the stop, you are probaly still rising, and may peak out some time later. The blood or official breath test at the station will probably be higher unless the test is much later and you are falling.
B.A. or drug levels are very important in the negotiation process, but there are other considerations including evidence issues, personal background, career goals and other special individual factors which are important to achieve the best resolution in the case. Call Attorneys Nicholas and William Christoph at 760-941-5720 for a free consultaion and evaluation of your case. Christoph Law Offices have been across from Vista Courts for over 30 years and have handled over 3000 DUI cases.