A St. Augustine DUI Attorney Explains How the Effects of Alcohol Are Assessed in a DUI Case

There are many factors that impact the effects of alcohol on an individual. In this article, an experienced St. Augustine DUI lawyer takes a look at some of these.

Contributing Factors

The rate at which alcohol is absorbed into travels through, and is secreted from the body varies from person to person. The manner in which it affects a person operating a motor vehicle is also subject to variation. However, observation of the behavior of the driver on the road can be an indicator of whether or not a driver is operating a vehicle in an impaired condition and to what degree the driver’s abilities are affected. To gain an accurate picture, the DUI attorney must obtain as much data as possible. The list below gives some of the factors that should be examined.

Personal Data:

  • Physical type, as in height, weight, build, whether male or female
  • Ethnic origin
  • Profession or type of work
  • Whether or not the subject works in an environment in which fumes or chemicals are present
  • Any prior history or diagnosis of alcoholism, age when this began, how often and how much the subject drinks
  • Any problems with eyesight, use of contact lenses or prescription glasses

Health Problems:

  • Whether or not a subject is diabetic and when insulin was used last
  • Gastro-intestinal surgical procedures
  • Whether or not a subject is epileptic and medications used
  • Other physical or psychological issues
  • Whether or not a subject is seeing a physician or has been to a dentist recently
  • Pharmaceuticals or prescription medications
  • Fatigue

Sequence and Timing:

  • When the subject was seen consuming alcohol, the elapsed time between onset and cessation, what the subject was drinking, and how much
  • Length of time between cessation of drinking and operation of a motor vehicle, whether or not more than one and one-half hours elapsed
  • What the subject had to eat before, after, and during a drinking session, how many subjects actually ate
  • Whether or not drinking continued before the arrival of the police

Operation of a Motor Vehicle:

  • Who was operating the vehicle and in what manner
  • When drinking began
  • How long the officer watched the driver as he or she drove
  • Manner in which the driver was operating the vehicle
  • Possibility of the engine or other faults in the vehicle that could account for apparent erratic maneuvers
  • How well the driver knew the area in which he or she was driving
  • Anything in the vehicle that might have diverted the driver’s attention from the road
  • Inconsistencies in noted behavior while operating the vehicle

Engage a DUI Lawyer

A DUI is a serious matter. For assistance, information or representation, contact Patrick Canan, your St. Augustine DUI attorney, by calling (904) 849-2266 today.

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