July 1, 2012

Why does it matter what I drank and how I drank during a DUI INvestigation?

The Questions are Not Just Random in a DUI Investigation

When you are in the middle of a DUI Investigation you will not notice the officer asking you questions along the lines of what you had to drink, what you had to eat, and when you started and stopped drinking.  There are reasons why is asking these questions. The main reason why he is asking is that he is in the middle of a collecting statements to be used against you later in court.

Your Answers during a DUI Investigation Will Affect the Rising Blood Alcohol Defense.

The 2 most important questions during a DUI investigation is what you had to drink and when you stopped drinking. If you answered that you stopped drinking less than an hour ago then you will potentially have a rising blood alcohol defense. On the other hand if you answered that you stopped drinking 3 or 4 hours ago then you will create more work for the rising blood alcohol defense.

Shows an officer in the middle of a DUI Investigation

How Stop Drinking Time Fits into a DUI Investigation

The Stop drinking time rules out the scenario that alcohol is still in the stomach. When a person is in the absorption stage, his blood alcohol content can rise up to .15 in an hour so it is impossible to tell how much active alcohol is in the system at this time. This is the time when you are drinking and have not yet felt the effects of the alcohol.

What to do if you are stopped and Find yourself in a DUI Investigation.

This is when keeping your mouth shut  rather than explaining ot the police officer about how you only drank one beer a few hours ago will pay off dividends. The downside to this is it will irritate the officer and ensure a DUI arrest along with a trip to jail and tow fees. However, this approach during the DUI investigation keeps the door open for fighting your case and obtaining  not guilty.

Remember, it is not illegal to drink and drive! It is not illegal to drink and drive and be a .12 later at the station and hour later. It is illegal to drink and drive with a .08 or more of alcohol in your system at the time of driving!!!!  Your case is fought in court during your DUI and you do not want to cut off your DUI Defenses

The Dangers of Saying You Stopped Drinking 3 -5 Hours Ago  During a DUI Investigation

If done incorrectly and a person tries to talk his away out of things and admits to drinking a few hours ago then the state can do a retrograde extrapolation. This is a fancy term for saying calculate backwards in time.

Example 1, if an evidential test comes back at a .07 2 hours after driving and the person admitted to drinking two  hours ag  which is below the legal limit. The state will go back and assume that the person had already absorbed and say that the person was a .10 at the time of driving.

Example 2, if a person  an .09 but admitted drinking 5 minutes ago or didn’t say anything at all but his test  was taken two hours later, then there is no way to tell what he was at the time of driving.

If you get arrested for a DUI then you can get more information from the links on the side. There are articles about 1st DUIs, 2nds, if you were fell asleep at the wheel, and DUIs with accidents. For a consultation on your DUI, you can click the link on the side and make an appointment with a DUI Lawyer in Orange County.