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Law Firm of Aaron Bortel

Preparing A Defense Against DUI Charges

I’ll explain what we have done in my office. I’ve tested a number of people to see at what rate they are absorbing and at what rate they are eliminating. And we can have them blow into this machine every five, ten, fifteen minutes or so and keep track of their burn off rate, their absorption rate, and it actually helps people see that not everybody is the same. It helps for clients to see that. Just seeing the machine may jog their memory, “Oh yes I remember that mouthpiece” and I can ask them “What do you remember about the mouthpiece” or “Was it in plastic?” Because the police are supposed to use a different mouthpiece for each test and very often they do not.

So that’s something that can be brought up. I can have a client looking at these machines that can remember details about them. They may say, “I remember the read out, they showed that to me.” That may be on the evidential machine at the station or on the preliminary machine in the field. This can help with the defense. If a client can remember more, that gives me more pertinent information to build different defenses and to fight their case and to try and save their license and keep them from getting convicted or to try and get charges reduced if we cannot avoid a conviction.

Accuracy Of Breathalyzer Machines In A DUI Case

The difference in size of people is not necessarily where we’re getting the differences. The differences are usually in the absorption rates and timing of the absorption.

Someone who is still absorbing alcohol, like I said before, is going to blow higher than they actually are, and that’s because there’s a higher concentration of alcohol coming from the lungs, which are more saturated with alcohol.

When your system has fully absorbed the alcohol, the alcohol has gone through your entire system and it’s in your brain. That’s when you’re going to have impairment, when you have too much alcohol that has gone to your brain.

What we’re looking at here is someone who’s had a drink 10, 20, 30 minutes or so or more right before they are driving. Their systems are going to still, in most cases, be absorbing, especially if they have food in their system. They are going to potentially be blowing higher than they actually are.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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