Estimating Peak Alcohol Levels: DUI Charges in Kansas City
Kansas City DUI Lawyer – Highly Skilled in Challenging the Evidence
If you have been charged with DUI, it is crucial to hire a DUI defense attorney in Kansas City who is familiar with the important legal arguments of peak alcohol absorption times and their relevance to your case. Rebutting the presumption can mean the difference between being convicted or acquitted of a DUI. At
Paul W. Burmaster P.A., Attorney Burmaster has the knowledge, experience and technical skills to successfully defend you if you have been charged with a DUI in Kansas City or the surrounding areas. Don't blindly accept the findings of the opposition in a case against you. Call the firm's Kansas City DUI attorney at once for counsel.
Fighting Back in Court
When law enforcement uses a test such as the breathalyzer or a blood test to determine the level of alcohol in one's system, it is not an exact science. There is room for interpretation of every result garnered from these tests. The most critical interpretation that must be made when analyzing these test results in a DUI prosecution is the estimated level of alcohol in one's system when they were driving. As alcohol is ingested, the level of alcohol in one's system rises over time.
States have passed legislation which allows for a presumption of alcohol concentration in one's body if the test is administered within a certain period of time after arrest. This can be very misleading to say the least. It takes time for the alcohol in a drink to enter one's bloodstream and cause impairing effects. If you have had one ounce of 130-proof liquor at a bar immediately before getting behind the wheel to drive 1 mile to your home, you will most likely not be above the legal limit until sometime after you have already arrived at your home and are sitting in your easy chair. But if you are pulled over during that short trip, and police do not administer your test until 2 hours later, the law provides a presumption that you were intoxicated, or over the legal limit, while you were driving, leaving your case open to argument.
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