A DUI Arrest Is a Stressful Event
Interviewer: I’m sure it’s such a stressful event; as you mentioned it makes people just lock up and not be able to think or remember all of the events that transpired
Aaron: That’s true. What’s very interesting is I’ve seen a lot of cases where people actually do remember every single thing that happened. Usually in those cases, when that happens, it’s someone who is very close to the legal limit, or someone who was not at or over the legal limit and their blood alcohol level was rising.
Metabolizing Alcohol and False Positive Readings with Breathalyzer Machines
They might have had a recent drink or two before getting in the car. It had not fully absorbed into their systems, so at the time they’re pulled over and doing the field sobriety test, they may be closer to an 0.04 or 0.05, 0.06. And by the time they are blowing in to this breath machine they may be at the legal limit or still below it. If you are absorbing alcohol when you are blowing into one of these machines, you are going to blow, in almost every case, higher than you actually are. It’s going to be a false positive reading.
There is a lot of science behind that and that’s something where, in order to fight that, I will bring in forensic toxicologists who can testify to rising blood alcohol levels absorption and elimination of alcohol in the human body. This scenario presents many defenses.
By Aaron Bortel
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