Myth #2: Breath Test — DUI Suspects Are Post-Absorptive
At least one court opinion boldly states, “Because any delay in the administration of a chemical test ordinarily inures to the benefit of the accused, an accused suffers no prejudice.” Willis v. State, 488 A.2d 171, 180 (Md. 1985). This statement assumes that the person was post-absorptive at the time of driving and testing. It ain’t necessarily so.
Studies by Kurt M. Dubowski indicate varying ranges of elapsed time from the end of alcohol intake to peak blood alcohol concentration of 14 to 138 minutes, 9 to 114 minutes, and 12 to 166 minutes. Kurt M. Dubowski, Absorption, Distribution and Elimination of Alcohol:Highway Safety Aspects, 10 J. Stud. Alcohol Suppl. 98-105 (July 1985). He concludes:
Defending against DUI / DWIIt is often impossible to determine whether the postabsorptive state has been reached at any given time. Those factors make it impossible or infeasible to convert the alcohol concentration of breath or urine to the simultaneous blood alcohol concentration with forensically acceptable certainty, especially under per se or absolute alcohol concentration laws. Next article: Index: |
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