Driving in San Diego with a blood alcohol level at or above 0.08% is a crime. But when is that 0.08% magical number really not what they say it is?
There are many San Diego drunk driving defenses to driving with a blood alcohol above the limit. One common misconception is that a blood alcohol level shown in the chemical test (either blood or breath) is the true measure of your alcohol level. If it’s accurate, it measures one thing – your alcohol level at the time of the test. The problem is, that doesn’t show what is crucial – your blood alcohol level at the time of driving.
The San Diego DUI prosecutor must rely on mathematical formulas and certain assumptions to try to prove what your alcohol level was at the time you were driving.
Your alcohol level drops as your body metabolizes, or “burns off” alcohol in your system. This is the natural process of “sobering up.” But just like fingerprints, every person is a little different when it comes to alcohol “burn off” rate.
The San Diego DUI Prosecutor uses certain “standard” rates to try to calculate backwards from the test to the time of driving. There are numerous flaws in such pseudo-science:
What if you had a full stomach?
What if you are a thin person?
What about your gender?
What if you are taking medication?
What about medical conditions?
All those factors (and more) may affect your true blood alcohol level. Before looking only at the blood alcohol level that San Diego DUI police say you have, you should have your case evaluated by a San Diego DUI defense attorney to explore any possible defenses in your case.