High BAC level is one of the reasons a prosecutor might demand a higher punishment. The courts are also less lenient on the individuals who are drunk driving with a high BAC level. The reasons are clear, a high BAC level means the person is more impaired and therefore is more likely to cause a collision and injure an innocent person. For these reasons, high blood alcohol level is considered a factor in aggravation of a drunk driving case.
However, often, the blood alcohol level is not reflective of an alcohol consumption pattern. Some defendants might be surprised when they are told that they have high BAC level, because they did not drink a lot of alcohol. Here, we are discussing one of the reasons a person might have high BAC despite not consuming a lot of alcohol.
There are several factors that can affect results of a chemical test. Here, Los Angeles DWI lawyer will help you analyze the reasons you are surprised because you have high BAC level. For example, police might take analysis of blood alcohol concentration done at the hospital and adapt it as the evidence of impairment. The hospital focus is not on prosecution but on treatment and therefore, they might use techniques not relevant for law enforcement, such as analyzing blood alcohol from a part of blood called “serum” and not from the entire blood, known as whole blood. The alcohol level might be much higher and get you to the high BAC level because the technique of analyzing blood serum only will overestimate the alcohol concentration by 18-25%. For instance a .076% BAC tested in Serum will show as .09% BAC. Thus, what was a legal level of blood alcohol concentration became illegal. That discrepancy becomes more significant at higher blood alcohol level so that a 0.14% BAC whole blood can be measured at 0.17% BAC, which is considered a high BAC. There reason serum BAC level tests higher then whole blood BAC in water deals with solubility of alcohol. Serum excludes certain solid particles from blood but it does not exclude water. Because alcohol is soluble in water, it stays behind after the separation, making concentration of alcohol in serum higher then it was in whole blood.
A DUI Los Angeles attorney will help you prepare such defense. This is merely an example of why blood alcohol level can be higher when tested. Other examples include presence of mouth alcohol during DUI Breathalyzer test and fermentation because of improper storing.
One of the best DUI attorneys in Los Angeles will point out all the issues during negotiation and convince the prosecutor to dismiss high BAC level allegation.
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