Wednesday, October 7, 2009

California DUI Defense Lawyers explore ways to attack breath tests

California DUI Defense Lawyers explore ways to attack breath tests. For your BAC level to be accurate and reliable in a California DUI case, the test result should be representative of your true blood alcohol level at the time of driving (vs. the time of the test).

1) When were you tested: a) during the absorptive or b) during the post-absorptive phase?
2) Were you still absorbing alcohol at the time of driving?
3) Did your body complete absorption of alcohol as of the time of the test?

Your California DUI breath or blood test will most likely be unreliable if administered while you were still actively absorbing beer or wine or whatever.

Obviously, if you were still absorbing alcohol at the last time you were driving, your alcohol level would have to be lower at the time of driving than at the time of the California DUI test later taken at jail or the police station.

Depending on when you had your last alcoholic drink prior to driving, this is a critical factor as it may take 30 minutes to 3 hours for full alcohol absorption. And if there is food that has not yet digested, this could further delay absorption. Due to this absorptive phase factor, the results of your California DUI blood or breath test could be inaccurate. The number may not represent your BAC at time of driving.

Many articles may be used to one's advantage by your experienced California DUI Lawyer.