BAC is a measurement which indicates how much alcohol is in your bloodstream at any given time, which varies throughout the time during and after you drink based upon alcohol absorption – how your body is metabolizing the alcohol. In all 50 states, the legal limit for BAC while driving is .08; any higher and you will be facing charges for DUI. When you are pulled under suspicion for DUI, it is likely that you will be asked to submit to a number of field sobriety tests, which are performed on a purely voluntary basis. Once you’ve been arrested, however, your BAC will be measured more directly by a mandatory breath, blood, or urine test, which is illegal to refuse.
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Call (602) 493-3600If you are facing misdemeanor or felony DUI charges, the first issue to resolve is finding a Phoenix DUI attorney you can trust to find the best possible strategy for your defense. At the Davidson Criminal Defense & DUI Law Firm, PLC, you will be represented by an attorney who has extensive trial experience, and an impressive record of success. Don’t trust your defense to an inexperienced attorney, as the consequences you face will be significant.
If you were arrested for DUI and your blood or breath was then tested, the results can only show how much alcohol was in your system at the time the test was administered. The law, on the other hand, is concerned with your BAC when you were actually driving. If the level of BAC had not yet peaked when you were pulled over, it is possible that it was below the legal limit of 0.08 while you were driving and only exceeded this limit during the time between when you were pulled over and when you were tested.
Joshua S. Davidson has been rated as AV Preeminent® by Martindale-Hubbell®, and is well-versed in this and other DUI defense strategies.
An experienced Phoenix DUI attorney understands the biology and facts related to the absorption of alcohol, and can present an argument to get your blood or breath results dismissed as evidence in court.
To understand how the principles of alcohol absorption could work in your favor when defending against a DUI charge, it is important to first understand how alcohol interacts with your body. When you drink alcohol, it is absorbed into your bloodstream all along your gastrointestinal tract. At the same time, your body works to eliminate the alcohol from your system by metabolizing it in your liver, as well as secreting it out through your perspiration and urine.
Your body cannot eliminate the alcohol as quickly as it is being absorbed, so there is a point during intoxication when your blood alcohol concentration (BAC) “peaks” or “plateaus” – it hits its highest point and stays at that level for a period of time. This occurs when the rate at which you are absorbing alcohol is equal to the rate at which you are eliminating it. Even after you stop drinking, there is a period of time in which your BAC continues to rise before it reaches this point.
Don’t let a technicality lead to a conviction – give the firm a call today at (602) 493-3600 for a free consultation.
BAC is one of the key factors used in the prosecution of DUI cases, but the results aren’t bulletproof. A skilled and experienced defense attorney knows that there are a variety of ways to challenge DUI evidence. With a 9.9 Avvo Rating, you can rest assured that Joshua S. Davidson has the knowledge, determination, and tenacity necessary to defend your case as well as possible.
As he formerly served as a prosecutor himself, he knows how to look at every side of a case. Even if it seems like the evidence against you, including BAC readings, is overwhelming, don’t give up – call him today to discuss your current situation and learn more about what he can do for you.
The initial consultation is completely free, and the payoff to securing a good defense could be immeasurable.
Arrested? Contact us today at (602) 493-3600.
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