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Alcohol Metabolization Rates – The Unknown X Factor In DUI Arrests

Alcohol Metabolization Rates – The Unknown X Factor In DUI Arrests

By T.S. Lupella

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

 

Our Locations

 

Fort Walton Beach, FL.

Lupella & Rehr
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

(850) 362-6655

GET DIRECTIONS

From our Ft Walton Beach Criminal Defense Office, we represent individuals in Valparaiso, Shalimar, Niceville, Mary Esther, Laurel Hill, Navarre, Hulbert Field, Eglin AFB, Santa Rosa Island and Okaloosa Island.

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Destin, FL.

Lupella & Rehr
3997 Commons Drive West
Suite I
Destin, FL 32541

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(850) 424-5240

From this office, we cover the following areas: Destin, Santa Rosa Beach, Miramar Beach, Sandestin, Rosemary Beach, Sunnyside, Seacrest, Seaside, Freeport, Choctaw Beach & Sacred Oaks.

Crestview, FL.

Lupella & Rehr
891 South Ferdon Boulevard
Crestview, FL 32536

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(850) 423-0738

From our Crestview Criminal Defense Office, we represent individuals in Escambia Farms, Laurel Hill, Svea, Baker, Holt, Milligan, Auburn, Deerland, the Duke Field area, and other areas in northern Okaloosa County.

DeFuniak Springs, FL.

Lupella & Rehr
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

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(850) 951-1134

From our Defuniak Springs Criminal Defense Office, we represent individuals in Freeport, Paxton, Miramar Beach, Alys Beach, Argyle, Blue Mountain Beach, Bruce, Eucheanna, Glendale, Grayton Beach, Inlet Beach, Mossy Head, Red Bay, Rosemary Beach, Santa Rosa Beach, Seacrest, Seagrove Beach, Seaside & Rock Hill.

Filed Under: DUI

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Locations Served

Fort Walton Beach, FL.

Lupella & Rehr
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

GET DIRECTIONS

P. (850) 362-6655

Destin, FL.

Lupella & Rehr
3997 Commons Drive West
Suite I
Destin, FL 32541

GET DIRECTIONS

P. (850) 424-5240

DeFuniak Springs, FL.

Lupella & Rehr
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

GET DIRECTIONS

P. (850) 951-1134

Crestview, FL.

Lupella & Rehr
891 South Ferdon Boulevard
Crestview, FL 32536

GET DIRECTIONS

P. (850) 423-0738

Criminal Areas We Can Help With

Been arrested in Fort Walton Beach or Destin, Florida? Then see our practice areas and discover how we can help.

About Us

Shawn Lupella is a former civil prosecutor for the State of Florida and criminal defense attorney that has handled more than 10,000 combined cases. David Rehr is a former local criminal prosecutor who personally oversaw thousands of cases, but now dedicates his experience to criminal defense.  Lupella & Rehr can be reached at (850) 362-6655, 24 hours a day, 7 days a week, 365 days a year if you need help.

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