The fact that the number .08 looms so large when it comes to drunk driving seemingly implies a uniformity when it comes to alcohol intoxication. You might infer from that standard that the way in which you may become intoxicated is the same as every other person in Naples. When people come to us here at The Caldarone Law Group, P.A. after having been charged with drunk driving, they often think that if their initial breath test was above .08, they have no grounds on which to contest the charges against them. If you share the same concern, you will be happy to know that is not always the case.
First and foremost, breathalyzer tests have a wide margin for error (as such, the results of roadside breath tests are often not admissible as evidence in court cases). The case against you may often be substantiated with claims made by those responsible for your detainment and arrest, such as "he told me he had three beers a few hours before" or "she claims to have had two mixed drinks prior to driving." Assumptions may then be made from such statements based on opinions derived from general information about intoxication.
What this fails to take into account the many biological factors that can influence intoxication. According to the Alcohol Pharmacology Education Partnership, these include:
- Body mass
- Metabolism rate
Factors such as age and alcohol tolerance also can play a role, as women naturally exhibit a higher blood-alcohol content than men and those who drink regularly are less-sensitive to the physical effects of intoxication. Your own unique factors can often form the basis of your challenge of the drunk driving charges leveled against you.
More information on how alcohol affects the body can be found here on our site.