DUI Absorption Rate

In the United States, it is against the law to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher, as studies indicate this is an efficient amount of alcohol to cause impairment. Unfortunately, because the rate at which a person’s body absorbs and processes alcohol varies greatly from one person to another, it is possible for to have a relatively high BAC, and yet show no signs of impairment. Nevertheless, under the federal BAC limit, these individuals may still be arrested for driving under the influence (DUI) simply for driving with an illegal BAC. To ensure you do not violate this law, it is important to understand how your body processes alcohol and how this can affect your DUI absorption rate.

If a member of law enforcement suspects you are under the influence of alcohol, he or she will typically administer a breathalyzer, blood, or urine test in order to calculate your BAC. If the results of this test indicate you have an illegal amount of alcohol in your system, you will most likely be arrested and charged with DUI.

It is important to understand the impact your body’s absorption rate can have on the amount of alcohol found in your bloodstream. Before alcohol is removed from your system, it must first enter your bloodstream and process through your system. Once the alcohol reaches your stomach and small intestine, it is absorbed and then removed shortly afterward. The amount of time your body needs to complete this task depends on a variety of factors, such as your gender, weight, stomach contents, and metabolism, as well as the amount and type of alcohol you consumed—on average, however, it takes approximately one hour for each drink. 

Since the law requires you to have an illegal BAC at the time you are driving, before you can be found guilty of drunk driving, the prosecution must prove that the amount of alcohol in your system was above the legal limit at the time you were driving—not at the time the test was given. Because there is often a delay between the time you are arrested and the time the test was administered, your test results can often be challenged in criminal court.

Even in a best-case scenario, a breathalyzer or blood or urine test can only estimate what your BAC was while you were driving. Fortunately, this time gap makes it a bit tougher for the prosecution to prove a person is guilty of driving under the influence.

If you were recently arrested for DUI after failing a breath, blood, or urine test, it is important to discuss your test results with an experienced DUI defense attorney. In many cases, a skilled legal professional can challenge the accuracy of your BAC calculation and prevent your test results from being used against you in court.

To learn more about how an attorney can help you avoid many of the penalties associated with a DUI conviction, finish a free online case evaluation today to locate a firm that specializes in drunk driving defense in your area.

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