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Factors that Affect the Blood Alcohol Level and Potential Errors

Being arrested and charged with driving under the influence (DUI) can be a harrowing experience. If you are pulled over by a police officer while behind the wheel in Los Angeles, California, and you appear to be intoxicated, the officer will very likely ask you to take a breath or blood test. Sometimes, a blood test for a DUI may not be accurate. There are a variety of factors that, together, can affect the rate of alcohol absorption and how quickly it is distributed through the bloodstream, as well as how quickly it exits the body. There are also other inaccuracies that can occur that have nothing to do with the individual who is being tested. It is important for anyone who is ordered to take a blood alcohol concentration (BAC) test to know about these discrepancies so that they have a better chance if they are arrested for DUI.

How is Your Blood Alcohol Concentration Affected?

One of the biggest reasons why there may be inaccuracies in your blood alcohol concentration is that you have consumed food while you drank alcohol. Food will change the level of alcohol that is absorbed by the body and into the bloodstream. The alcohol absorption is considerably slower when a person eats. In general, the greatest point of intoxication, or blood alcohol concentration peak, occurs anywhere from one to six hours. When a person has been drinking but has not had much to eat or has not eaten while drinking alcohol, it takes a shorter time for their blood alcohol concentration peak to occur, usually within an hour or two after drinking. It is believed that carbohydrates, fats and proteins in food may have an effect on how quickly alcohol is absorbed into the body, but there is no definitive evidence of that. However, the bigger the meal consumed and the sooner it is eaten in relation to the alcohol consumption, the slower the alcohol will be absorbed by the body.

Additionally, the strength of an alcoholic beverage also determines how quickly it is absorbed by the body. Drinks containing 10 to 30 percent alcohol concentration are absorbed the fastest, while those containing less than 10 percent alcohol take longer to be absorbed.

In addition to the food consumed and the alcohol itself, there is another factor that can cause a person’s blood alcohol concentration to be inaccurate. A person’s body type, fat content and weight can be a factor as to how alcohol is distributed into their bloodstream. Generally, people with lower body fat percentages will have a lower blood alcohol concentration. Individuals who have a higher fat content will also have a greater blood alcohol concentration. Also, the less a person weighs, the more alcohol is absorbed into their bloodstream.

A person’s liver is responsible for ridding the body of alcohol. Women are also able to eliminate alcohol from their systems 10 percent faster than men. In addition, if someone is drinking alcohol at a rate that is faster than the elimination of the alcohol content from their body, their BAC will be greater.

Why Else Would There Be Inaccuracies in Your BAC?

Other factors can come into play that determine that a person’s blood alcohol concentration may be inaccurate. Here are the most common reasons:

Operator Error: The person administering a DUI breath test may make certain mistakes that can lead to inaccuracies in BAC, such as not ensuring that the mouth is empty before taking the test; failing to observe the individual for 15 minutes prior to starting the test; not recording the start time for the 15 minutes; not getting at least two blows with consistent readings or recording the time each blow was made; and improperly attaching the mouthpiece to the device.
Laboratory Errors: Sometimes, there are lab errors, such as an improperly trained breath testing device operator; the device not being properly calibrated; or poor record-keeping.
Medical Conditions: Certain medical conditions can cause a person’s BAC to have a false reading, such as breathing problems like asthma; gastrointestinal conditions like acid reflux; hypoglycemia; or a high-protein and low-carbohydrate diet.
Residual Alcohol in the Mouth: Occasionally, the person has what is known as “residual mouth alcohol,” which occurs when some alcohol remains in the mouth’s linings. Other substances, such as mouthwash and cough syrups containing alcohol can show false BAC results.

If you believe you have received an inaccurate BAC reading and are being charged with a DUI, it’s important to hire a skilled criminal defense attorney. It is your best chance of proving your BAC was lower than the results showed.


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Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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