The situation is rather simple. A driver got into a vehicle after four beers. The charts, based on body weight and the quantity of drinks, would indicate a BAC of about .1. They should have never gotten into the vehicle. They were pulled over and the situation got ugly because the cops suspected alcohol due to a strong smell of it coming from the car and the driver’s clothes. After about 30 minutes of running the tags and license, denying a test, and dealing with additional questioning, a BAC test was done. It resulted in a .1.
This situation has an illuminating fact resting right under the surface. The driver was actually closer to a 0.07 while driving, a detail that will be speculated on later by a DUI defense attorney in Salisbury, MD. However, by the time the officers did the questioning, reviewed the vehicle, and did the breathalyzer test, the results rose. They turned a 0.08, above the legal limit.
On paper, this would dictate a rather clear innocence. The driver was not over the legal limit when they were physically behind the vehicle. A potential DUI charge would be diminished to a public drunkenness – a conviction change from a potential two years in a jail to 20 days community service.
The body takes some time to absorb alcohol, as it passes primarily through the small intestines. This delay would cause a disruption in the results. In other words, the rising BAC level from the point of being pulled over to the point of receiving the test will paint a different story.
The driver is not exactly innocent, though. The BAC did go over the limit. Assuming the driver was not pulled over, they may have been driving under the influence soon enough. The prosecution will push on that potential. A DUI defense attorney in Salisbury, MD will have to face the facts of what happened. A legal case can be held on what “could happen.” The whole court of law would be fundamentally changed and based on presumptions. Contact Marc A. Zeve, PA, Attorney at Law for more on handling complex DUI. Do not just settle for what is expected.
