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Man Attempts to Beat DUI by Drinking More

Two years ago, a man involved in an accident that killed one, discovered an interesting way to attempt to fight the DUI charge that might have been brought against him. He decided to imbibe alcohol after he had been in contact with a law enforcement officer.

Man Fails in Beating DUI

The man was involved in an incident where he blew through a red light and crashed into a vehicle, killing an 81-year-old man. An officer led the man to a curb while he investigated the crash even further. The man walked into a convenience store, bought beer, and began to rapidly consume the alcohol.

The officer believed that this was an attempt to beat a DUI since it would place alcohol consumption right between when the crash occurred and when an alcohol test was administered. If alcohol is consumed in this window, the water is muddied in determining the actual blood alcohol level when the crime was committed.

In this instance, a blood test was administered since the crash resulted in the death of a person. The man's blood was tested three different times, an hour apart. Each test showed that the alcohol had begun to metabolize and the man was over three times the legal limit at each reading. The beer consumed by the man did not have an effect on his blood alcohol level.

Drinking to Beat a DUI

While a test may confirm that a person is drunk, it does not prove when the person reached the blood alcohol level that they are at. Prosecutors will have a difficult time proving to the judge and courts how much the person had when the crime was committed, which is what will determine sentencing and punishment.

But drinking after a crash would only make an impact if a significant amount of alcohol was consumed and a blood test was administered after the alcohol had begun metabolizing in the body. This tactic would only work if a person could guarantee enough time for the alcohol to kick in between the crash and getting tested.

A person pulled over on suspicion of a DUI should not chug alcohol, but instead call an experienced DUI attorney to begin solidifying their case. Thomas & Paulk are available 24/7 in the event you are arrested on a DUI.

Categories: DUI, Breath Test, Blood Test
Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law