Law Firm of Aaron Bortel

You Will NOT Be Able to Talk Your Way Out of a DUI Charge

Interviewer: Before we move on, are there any other common questions that cause people confusion about whether they’ve been legally arrested for DUI, similar to the ones I asked you?

Aaron: There’s a lot of confusing situations with DUIs. One of the things that cause confusion, obviously, is that many people who are pulled over for a DUI have had too much to drink. It doesn’t take much for them to start answering questions, wanting to talk their way out of it, and that’s a problem.

People tend to think they can talk their way out of it. What most people do is, in fact, you think it’s the right thing to do if you’re talking to an officer, saying, “I had drinks a long time ago.” Then the number that they had, they’ll say, is less than what they had.

Are You At or Over the Limit? Your System Takes Time to Fully Absorb Alcohol

The problem with that is it takes away some of our best defenses, such as a rising blood alcohol level defense. If you tell an officer that you recently had drinks within the last 10 or 15 minutes, you finished your last drink, a big drink, a lot of hard alcohol, wine, beer, or whatever, that allows us to say that at the time of driving, your system had not fully absorbed the alcohol. Therefore, your blood alcohol level was not at or over the limit. It’s kind of the opposite of what you would expect, but most people do underestimate the number of drinks, and overestimate the amount of time it’s been since their last drink.

By Aaron Bortel

Aaron Bortel

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