Many times I get people calling me that said that their blood alcohol level was above a .08 and they tell me that they only had a few drinks and that there’s no way that it could be above a .08. I will then educate them about the blood alcohol level not only depends on the amount of drinks you have, but the strength of the drink, whether it’s beer, whether it’s a mixed drink. Also more importantly it depends on the person’s height, weight, whether the person is male or female, and also the metabolism rate of the person, whether the person ate that day. So there’s a lot of different factors that go into what that blood alcohol reading will be.
More importantly, we would also look at the breath test machine itself. Obviously if a person is adamant that there is no way that they’re above a .08, I will look at the breath test machine. A lot of that can be whether the person had mouth alcohol, meaning that if the person had a drink and then a couple of minutes later was pulled over and then given a breath test pretty much immediately, then the alcohol may not have gone into the person’s blood stream yet and still be in his mouth, and he blew out mouth alcohol.
Also we would look at whether the machine was calibrated properly. Alright? Also we would look at whether the instructor, the person who gave the defendant the breath test, was properly certified. So there are a lot of different factors that when the police officer says you’re above a .08, it may be true or it may not be true, but of course a competent DUI lawyer will look at the case, each case, and go through it and see if it was a proper DUI arrest.