How Variables Affect Evaluation of Alcohol on Driving

Posted on June 5, 2014

Handcuffs

Medical research has clearly shown that the mechanics of alcohol absorption and its resultant distribution through the body and elimination vary greatly with each individual and circumstance. The attorney with your Redwood City DUI law office may be able to use this fact in building your defense.

Why Variables Are Important to Consider

The effect alcohol has on the body is much more complex than law enforcement would like you to think. The time you last drank, amount of food and water consumed, body weight, age and many other issues weigh upon the effects of alcohol on a given individual. Unless your Redwood City DUI lawyer explains this; however, jurors may be led to perceive alcohol absorption as a simple, clear-cut matter. A Redwood City law office suggests showing the jury just how complex the process of absorption is and helping them to understand. Indeed, they should begin to see you more as an individual human being rather than some stranger on trial.

Factors Related to These Variables

Many factors affect the rate and process of absorption of alcohol in the body. These can be broken down into categories to facilitate explanation to jurors:

  • Physical Characteristics: These include gender; age, weight and height; ethnicity; frequency of alcohol use; age when you first began drinking and your occupation.
  • Medical Problems: Certain medical issues have been clearly shown to impact alcohol absorption. Among these are diabetes; epilepsy; and intestinal problems. If you have recently undergone surgery, have been ill, or are using prescription medications, these also have an influence. Indeed, even the last time you slept is important to consider.
  • Your Drinking Behavior Prior to Driving: Your attorney will need to assess when you began and stopped drinking before getting behind the wheel. He also will consider how much you consumed, the length of time between drinks, whether or not you ate, and the type and amount of food you consumed.
  • Your Behavior behind the Wheel: Besides actual alcohol absorption issues, your attorney will want to consider what the officer observed about your driving and how long he watched you. Certain mitigating factors could come into play, such as a mechanical problem with your car, unfamiliarity with the area where you were driving, and distractions that could have occurred. Road conditions could be a factor as well.
If You Were Arrested for DUI

If you have been arrested and charged with driving under the influence it is imperative that you hire strong counsel. Call Silveira Law, a Redwood City DUI law office, to arrange an initial consultation at (415) 795-3890.