Anytime you consume an alcoholic drink, it takes time for the alcohol to fully integrate into your system and for the intoxicating effect to occur. This “BAC curve” can play a significant role in determining whether or not an individual is intoxicated at the time of operation of their motor vehicle and this guilty of a VERMONT DUI.
What Does the BAC Curve Show?
As the above graph shows, the way in which alcohol processes into the blood to reach peak BAC is a variable process that takes upwards of an hour to reach.
In a common scenario seen in VT DUI arrests, an officer will pull a motorist over after they exit the bar. One of the standard questions is whether or not the individual has consumed any alcohol in the last 30 minutes prior to their interaction with law enforcement. If the answer is yes, this can skew the later results of the data master breath test as the reading can actually be higher at the time of the test then at the time of the witnessed operation.
In these situations, especially where an individual is driving a short distance, it can be argued that although the breath test shows a reading above the legal threshold of .08, that the individual was in fact under the legal limit at the time of operation and thus, not guilty of a DUI.
Don’t Let the Breath Test Fool You Into Pleading Guilty
Alcohol consumption patters are very important in analyzing a potential defense to a Vermont DUI charge. In order to fully evaluate it is important to create an alcohol consumption timeline so that a thorough evaluation can done in determining the potential defenses using the BAC curve.
Defenses in Vermont Superior Court can be argued that the BAC curve in facts shows that the defendant has consumed alcohol in a responsible manner, knowing that the peak would take time to reach and, as a result, they are not guilty of the Vermont criminal charge of Driving Under the Influence.
Disclaimer: None of the content above should be considered legal advice. For specific advice concerning your legal issue, consult a Vermont DUI attorney.