Alcohol Absorption Delay as a Defense to DUI in Orlando

When you left the bar, you were pretty sure that you were safe to drive and that your blood alcohol content was below the legal limit of 0.08 percent. However, when you were pulled over by law enforcement, the officer tested your BAC, and it was 0.08 percent or higher. You were arrested for driving under the influence!

If that scenario sounds familiar, you need to contact an experienced Orlando DUI defense attorney as soon as possible. FL DUI Group has helped hundreds of Orlando residents plead down their cases and get cases dismissed on their merits. In this article, we’ll discuss the Alcohol Absorption Delay defense as a potential avenue to consider during your DUI case.

How does alcohol absorption work?

 When you drink alcohol, it is absorbed into your bloodstream through the small intestine and the walls of your stomach. The absorption process takes time. This means that the alcohol you consume doesn’t instantly enter your bloodstream immediately after drinking it. Instead, there is a delay between the time you drink and the time the alcohol begins to affect your BAC.

How fast does the alcohol enter your bloodstream? That depends on several factors, including:

• Type of beverage – How strong the alcoholic beverage can influence how quickly the alcohol is absorbed into your bloodstream.

• Food intake – If you eat food while you’re drinking, it can slow down the absorption process, delaying when alcohol enters your bloodstream.

• Time – The amount of time over which you drank the alcohol plays a role in how quickly it’s absorbed into the bloodstream. If you drink over an extended period of time, it may delay how quickly the alcohol is absorbed into your bloodstream.

• Health – Certain health conditions, medications, and physiological factors can affect the absorption rate of alcohol.

• Individual characteristics – Your age, gender, and metabolic rate can also influence how quickly alcohol is absorbed into your system.

Understanding the alcohol absorption delay defense 

In certain cases, alcohol absorption delay can be an effective DUI defense strategy. Your attorney may consider this defense if there was a significant gap between when you were stopped by police and when your BAC was tested. It’s possible that your BAC could have increased during this time. Your BAC may have been below the legal limit while you were driving, only to be over the legal limit when you were tested.

What evidence do you need for an alcohol absorption delay defense? 

• Documentation – The arresting officer should document the time that they pulled you over, the time of your BAC test, and the type of test that was used. All of this can be relevant to an alcohol absorption delay defense.

• Eyewitness testimony – Bartenders, servers, and others who watched you drink can provide relevant evidence to your case.

• Expert testimony – Medical professionals and toxicologists can provide valuable insights into the alcohol absorption delay, its effects, and its impact on your case.

Talk to an Orlando DUI Defense Lawyer Today 

FL DUI Group represents the interests of Orlando residents who are facing charges of DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin discussing potential defense strategies immediately.