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.
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