There are some key, basic concepts relating the rate of blood alcohol concentration. Common sense mandates this principle: if a person consumes alcohol in a greater amount than what the liver can process, the a person's blood alcohol concentration will rise. The converse is true: if a person consumes less alcohol than the liver can process, then a person's BAC level will decrease.
In DWI prosecutions, the State is desperately trying to show the jury that a person was intoxicated at the time he or she was driving the car. However, a BAC level is generally taken an hour or more after a person has been arrested for DWI. Thus, the State will try to extrapolate a person's BAC at the time of driving. The State will most likely not know what process of absorption that person is in. Thus, if they are arrested during alcohol absorption phase, but tested later, generally the BAC results will be higher than when they were driving. This makes it very difficult to prove intoxication only if you have an experienced attorney representing you.
Stay tuned as we continue to address this issue. If you have been charged with DWI,
Plano DWI lawyer.