A good DUI attorney must understand how the physiology of alcohol absorption effects the facts of the case. Commonly, a preliminary breathalyzer is given by an arresting officer (PAS test). This initial breathalyzer reading is often done close in time to the final consumption of alcohol, which means it may likely be reflective of the “breath” alcohol concentration in the absorptive phase.
This is important because during absorption, the arteries receive the alcohol first, then the veins. The lungs receive the arterial blood from the arteries, during absorption. Thus, the venous blood alcohol concentration is lower because the veins receive the alcohol after the arteries and lungs.
They reach an equilibrium after the conclusion of the absorptive phase, when the BAC level reaches it’s peak. If there is a PAS result that is close to the legal limit, it may be exculpatory evidence proving that the actual venous blood alcohol concentration, at the same time, had to be lower than the PAS result.
The Law Office of Ben Mironer has been successful in various cases by utilizing the scientific concepts with the facts of the case. We don’t just get reductions and dismissals, we truly earn them.