The real mystery when discussing DUI arrests is how to properly measure how alcohol metabolizes in the body. Lung air can be contaminated by stomach and mouth alcohol. Blood is a better measure, but not infallible.
The Intoxilyzer 8000 does not appropriately take into account a person’s lung volume or that person’s ability to overly pressurize the gas cylinder, thereby giving an elevated reading.
But since the rate at which each individual person metabolizes alcohol differs anyway–what equates to alcohol impairment should also be just as subjective.
Blood Alcohol Levels are constantly changing from the moment you take a drink to the time in which you body fully metabolizes that last molecule of alcohol in your system.
This is important because in Okaloosa County and Walton County, Florida, the Intoxilyzer 8000 is not a roadside drunk driving breath testing machine. Since you must be taken to a fixed location, a sizeable amount of time goes by from the initial traffic stop and the actual breath test.
For example, if you had a drink right before you departed in your vehicle, then stopped for DUI, your Blood Alcohol Concentrations would conceivably be much lower at the time of the stop than it would be at the time of the breath test.
This is called the retrograde extrapolation effect and sometimes it requires the testimony of an expert witness.
A successful DUI Defense Attorney needs to be able to understand every technical and scientific aspect of your case
in order to establish your best legal defense.
I’ve had a long success record of challenging DUI arrests and Blood Alcohol Content (BAC) results. Give me a call at (850) 362-6655 and tell me exactly what happened – and I’ll walk you through what I believe can be done. The call is free.
Our Locations
Fort Walton Beach, FL.
Thomas Shawn Lupella P.A.
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547
Destin, FL.
Thomas Shawn Lupella P.A.
3997 Commons Drive West
Suite I
Destin, FL 32541
Crestview, FL.
Thomas Shawn Lupella P.A.
891 South Ferdon Boulevard
Crestview, FL 32536
DeFuniak Springs, FL.
Thomas Shawn Lupella P.A.
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433