A friend of mine was pulled over a few weeks ago for suspected DUI. He was taken back to the police station where no sobriety test or even breathalyser was given until several HOURS after he had been brought back to the station.
Now correct me if I am wrong, Alcohol intensifies with elapsed time, and seeing as he very well could have blown a small amount over the limit at the time he got pulled over those several hours could have made it look like he was totally intoxicated.
He is not denying what he did was wrong and will take full responsibility for his actions, but doesn't want to have to take the punishment for a reading that could be inaccurate.
He has an attourney but wants to make sure that this is worth the fight before doing it.
So is it true that the longer that alcohol sits in your system the higher the blood alcohol level will be?
2007-08-15 05:07:24 · 8 answers · asked by Lindsey 1 in Politics & Government ➔ Law & Ethics
No, your liver cleans your blood, so Alcohol levels actually DROP over time. They were probably trying to do him a favor by waiting. If his test showed totally intoxicated several hours later, then he would have been absolutely wasted when they took him down to the station.
2007-08-15 05:16:11 · answer #1 · answered by Beardog 7 · 1⤊ 0⤋
Yes it does, it takes some time for alcohol to be absorbed into the blood. It basically goes on a curve from the beggining of alcohol consumption to some time after ceasing to consume. It is a common tatic used by defense attorneys when no roadside test is administered.
In this case however, his alcohol absorption and therefore blood alcohol content would certainly be on the decline several hours later.
Check out this link:
http://www.criminal-lawyer.on.ca/alcohol-3.html
Another factor would be whether the person ate before, during or after drinking.
2007-08-15 12:22:17 · answer #2 · answered by elysialaw 6 · 2⤊ 0⤋
Possibly. There is a calculation called retrograde extrapolation that attempts to determine prior blood alcohol levels from the time of the test to the time of the event (the stop and arrest). The bac (blood alcohol content) could be higher or lower at the time of the test, depending on various factors such as absorption, elimination and metabolism.
Hope this helps. Good luck.
2007-08-15 12:18:42 · answer #3 · answered by Anonymous · 1⤊ 1⤋
It is not true the longer that alcohol remains in your system the higher the blood alcohol level will be. Any truth to the statement would be literally in the "moments" after the drink was taken not 2 hours later - at which point it steadily reduces its blood \ alcohol level.
2007-08-15 12:20:43 · answer #4 · answered by netjr 6 · 1⤊ 1⤋
Depending on how much and when he drank, what he had to eat, and other factors, his blood alcohol level may have gone up or down. Really depends on the situation.
2007-08-15 12:16:34 · answer #5 · answered by Michael C 7 · 1⤊ 1⤋
To a point, then it of course dissipates...but if you're looking for sympathy, because he wasn't "drunk enough" when he got pulled over, but WAS "drunk enough" later, I think you're barking up the wrong tree...he should take his medicine and stop driving when he's drinking.
2007-08-15 12:15:50 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If it was several hours the level would have been slipping down not up.
2007-08-15 12:18:22 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Well you cant use pollution so find something else I could right them 3 ticket's right off the bat.
2007-08-15 12:24:09 · answer #8 · answered by Unoptrid1aq 4 · 0⤊ 1⤋