The 1.800.NoCuffs infographic explains the must-know alcohol facts and figures. Every year thousands of people are wrongly arrested for DUI. Much of what passes as DUI science is “junk science” that is faulty result-oriented justice. The devices used to detect alcohol levels are based on the fallacy of the “average person,” when there is no such thing. We often encounter cases where people who were driving at a time when they were BELOW the legal limit are arrested, only to be tested later when they are above the legal limit.
BAC (blood alcohol concentration) is the number of milligrams of alcohol per milliliter in your bloodstream. It’s a technical measurement that is used in determining the legal limit of alcohol for driving. You can see on the infographic that depending on whether you are drinking a regular beer, a glass of wine, sherry, or a straight shot of alcohol, the percent of “pure” alcohol in a drink varies by beverage. What’s important to know is that if you are 21 or over, to be convicted of DUI, the prosecution must prove that the defendant drove under the influence of an alcoholic beverage and/or a drug while having a blood alcohol level of .08 (or higher).
Each and every year, many drivers are wrongly accused of driving under the influence of alcohol. Because of this, it’s extremely important to understand the science that goes into alcohol and its affect on one’s body. For example, factors that affect alcohol absorption include gender, weight, individual metabolic rate, tolerance, amount of alcohol consumption, amount of time it took to consume the alcohol, the amount of food eaten, any drugs or medications in the system that can interfere with alcohol, and even if the beverage you drank was carbonated.
Tests to detect the presence of alcohol in the body can be highly flawed. For example, weight can affect balance tests, the breath test can be affected by medical conditions, and the chemical blood test can be easily contaminated if not properly processed.
In fact, there is an abundance of scientific literature that shows that breath in the absorptive phase overestimates true blood alcohol levels by significant amounts. Furthermore, the devices that are used to test for blood alcohol levels are based on the fallacy of the “average person.” As most people aren’t perfectly average in weight and height, these devices often misreport alcohol levels that are above what they should be.
Additionally, due to the process of alcohol absorption and elimination, you may have been stopped at a time when your BAC was under the legal limit, only to be DUI-tested at a later time when your BAC was above the legal limit. All of the above situations are factors that can affect the ruling and legitimacy of your DUI.
There are many ways that a person can be wrongly accused of driving under the influence of alcohol. If you feel you’ve been wrongly accused, there is still hope. 1.800.NoCuffs has over 59 ways to fight your case against the State of California.
Embed This Image On Your Site (copy code below):