DUI Science: Understanding Blood-Alcohol EvidenceProsecutors rely on blood-alcohol evidence to prove DUI charges against you in court. As former Los Angeles DUI Prosecutors, our DUI Defense Attorneys understand that arresting officers may make mistakes in DUI investigations and the reasons for them. We search for problems of proof for the prosecution in its case against you, understanding that Blood Alcohol Science is the foundation of the state’s case.
DUI Science is based on scientific correlation studies showing the relation between how alcohol greatly affects perception and the person’s nervous system and how this affects the ability to operate a motor vehicle safely. Alcohol consumption can lead to slowed reactions, thus impairing the ability to drive. The science behind alcohol and drug absorption is very complicated, requiring accurate chemical testing to determine the extent of the intoxication. Alcohol is absorbed into the bloodstream by diffusion. The bloodstream distributes alcohol evenly throughout the entire body. Alcohol then affects the brain by interfering with the cells that are in charge of neurotransmission: cells that carry information to and from the brain, connecting it with other parts of the body. Since alcohol slows down the nerve cells of the brain, functions such as reaction, coordination, and balance are affected, impairing the ability to drive.
Since chemical testing of your blood alcohol is often conducted hours after the arrest, the validity of the results can be disputed in court. In court, the prosecution must prove the level of alcohol at the time of driving, as opposed at the time of testing.
Our Los Angeles DUI Attorneys understand the science behind DUI evidence in court and will work in your defense to reduce or dismiss your DUI charges using relevant scientific principles:
- Absorption: it takes time for alcohol to be absorbed in your body and to affect you. Alcohol is absorbed through diffusion by the intestines, particularly the small intestine, due to its large surface area. Since it takes time for alcohol to reach and be absorbed by the intestines, you may not be intoxicated because at the time of driving the alcohol in your stomach has not been absorbed by the intestines.
- Distribution: when you consume alcohol, the body begins to distribute it evenly throughout the body. This process of equilibrium may take a considerable amount of time. Therefore, the results on the breathalyzer may not be accurate if the alcohol did not distribute in the body. Presenting such evidence may substantially helpful to your defense.
- Elimination: how efficiently your liver absorbs and eliminates alcohol from your system. Healthy persons can eliminate alcohol from their blood faster than less healthier people. In addition, people with a faster metabolism can process alcohol quicker.
- Body weight and body type: alcohol is absorbed quicker by people with more weight. This means the same alcohol amount will affect a heavier person less than a person with a smaller weight. In addition, the composition of the body matters; whether there is more fat or more muscle. The more fat there is in the body, the higher the absorption of alcohol.
- Rate of consumption: if the alcohol was consumed only shortly prior to the traffic stop, "on the rise" defense can be made by your attorney. This means that the alcohol in your stomach has not yet affected your body, thus you are not under the influence.
- Food: the amount and type of food in your system may help to slow down alcohol absorption and elimination. Therefore, if food was present during the uptake of alcohol, you will help diminish the effects of alcohol on your brain.
- Medication: since medication can amplify the effects of alcohol and further diminish the capacity to drive, you may still be charged with DUI even if your blood alcohol level was lower than 0.08%.
- Fatigue: if you are exhausted or have not properly rested, alcohol will most likely affect you more than if you were rested.
- Gender: men and women have different physiology. One of the most relevant differences in alcohol absorption is the fact that generally women tend to have a higher percentage of fat than men. Since women have more body fat and less water, the same amount of alcohol will affect a woman more than a man.
- Tolerance: the more often a person consumes alcohol, the more "tolerant" their bodies become of it. This means that gradually the person will become affected less by alcohol. For example, a person with a higher tolerance will probably do better on the field sobriety tests than a person with a low alcohol tolerance. Nevertheless, high alcohol tolerance is not a successful defense in court.
Contact Eisner Gorin LLP, and one of our experienced Los Angeles DUI defense attorneys will immediately speak with you about the most aggressive defense approach and strategies available in your case.
Call 877-781-1570 now. We promise an Immediate Response to your inquiry 24/7! For clients’ convenience, we have numerous offices in Los Angeles County.