Top DUI Attorney:
Wrong Way DUI Driver Causes Accident on Highway 99
Fresno's Top DUI Defense Attorney weighs in on an article about an alleged DUI Accident on Highway 99. The article states that a man is facing DUI charges after driving the wrong direction on Highway 99.
Investigators say the man was driving South in the Northbound lanes of Highway 99. It would appear the accident involved a single vehicle, as no other vehicle was mentioned. It also states the DUI suspect lost control of the vehicle. Further, four people in the SUV, a Chevy Tahoe, were injured, suffering broken bones, but are expected to be ok.
As the Top DUI Defense Attorney in the Fresno area, I look for certain aspects of the case that are missing from the article. One factor is the BAC, or Blood Alcohol Content, of the alleged DUI Driver. There is none mentioned in the article. It could be a case of alcohol impairment, or possibly impairment allegedly from the use of drugs. This is important as people have varying levels of tolerance, and testing procedures can lead to inaccurate results in many situations.
A common defense to a DUI is the "Rising Blood Alcohol" defense. This simply stated is that alcohol may be consumed, but it could still be entering the blood system of the alleged DUI driver at the time driving occurred.
Picture a person with 0.0% BAC. They drink a 16 oz bottle of tequila. Depending on various factors, weight, age, meals, absorption, medication, GI tract abnormalities, . . . there could be enough alcohol to reach a 0.20% or more. However, they would not reach that level instantly, and may never reach that level. Certain drugs, including oral birth control, may alter the length of time needed to reach peak levels, and different people, otherwise identical, may reach different peak alcohol levels, and do so in varying lengths of time.
In the case at hand, the subject may have a different BAC when driving then when the authorities tested his blood. Why did the subject lose control of the vehicle?
I have spent years of my life learning testing, absorption, distribution, and elimination of alcohol and drugs from a person's body. To be the Top DUI Defense Lawyer, it takes more than a law degree, it takes a specific understanding of the factors that occur with the body and the effects of alcohol.