Boxes Case

How can a Lawyer use DMV and State/Prosecution Publications in a Rising BAC Case?   by Rick Mueller

If you had beer or wine recently before driving, remember that it takes time to get into your system. That alcohol may not be in your system at the critical time of driving.

If it is not, DMV may not be able suspend after a DUI.

“Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?” is the stated issue on a pink DMV Order of Suspension/Temporary License.

Or as stated by your attorney to the San Diego California DMV hearing officer who is trying to take your license – what was your true BAC at the time of driving?

What is going on here? Beer or wine must first absorb your body. Your alcohol or BAC level rises up until the booze is absorbed after drinking ends.

When your body continues to absorb booze as you drive, your alcohol level continues to increase or “rise.” You were tested a while after driving.

If your alcohol level was increasing during your drive, then your alcohol level reported at the time of the test is higher than your real BAC at the time of driving.

If you are “rising” – with a .11% BAC record – you really had a lower level at the time of driving.

Your lower level at the time of driving takes into account what and when you were drinking – and your last drink – when viewed at the time you were stopped driving by the DUI police.

Your decreased level at the time of driving further hinges on your weight.

California’s DMV presides over DUI administrative hearings. It also publishes technical charts: “Find your weight chart. Then, look for the total number of drinks you have had and compare that to the time shown.” The white, gray and black boxes are important to look at. The charts are divided according to your weight.

Your alcohol level can change as follows:

.01%-.04% per one hour, to

.05%-.07% per next hour, to

.08% or higher per next hour.

What do California DMV’s BAC charts then mean?

Your .08% test one hour after your driving means your BAC was .07%, .06% or .05% at the time of driving.

Your .08% test two hours after means your BAC was .04%, .03%, .02% or .01% at the time of driving.

Your .11% test in second hour means your BAC was .07% at the time of driving.

Your .11% test in third hour means your BAC was .04% at the time of driving.

So what your attorney do at the DMV. Well, DMV must take official notice of any “generally accepted technical or scientific matter.”*

Note the following generally accepted technical matter and summarized scientific evidence consisting primarily of Prosecutorial (Law Enforcement) scientific literature and independent scientific studies & writings by Dr. Dubowski and AW Jones, highly-acclaimed scientific experts:

1. DUI Law Enforcement Strategies: Law Enforcement Officials on Administering Field Sobriety Tests, Interpreting Results, and Preparing for Court Testimony (Inside the Minds) [ASPATORE Books] “The Essential of DUI Assessment and Testing”:

“In most cases, alcohol is completely absorbed within one to one-and-one-half hours; however, in some case it may require almost three hours for total absorption.”

2. DEPARTMENT OF MOTOR VEHICLE ADMINISTRATIVE HEARING OFFICER BLOOD ALCOHOL TRAINING

Taught By Fred Tulleners & Craig Anderson, Department of Justice Bureau of Forensic Services:

“As a general rule only, complete absorption of a single alcoholic beverage is usually accomplished in from forty-five minutes to an hour, with an empty stomach.” (page 5-5)

3. ABSORPTION, DISTRIBUTION AND ELIMINATION OF ALCOHOL: HIGHWAY SAFETY ASPECTS

by Kurt M. Dubowski, Ph.D.:

“â