Fort Myers, FL – Florida and most other states in the country require that drivers have a blood alcohol concentration of less than .08 while they are operating any motor vehicle. A person’s blood alcohol concentration can be very difficult to estimate without special equipment, and someone who has consumed alcohol will not know if they are able to drive legally. For these reasons, anyone who has been drinking should not drive and arrange for other transportation options to avoid criminal charges

Food consumption

Someone who has consumed alcohol on an empty stomach will usually see much more severe effects from alcohol in their bloodstream than a person who has recently eaten. Drinking on an empty stomach is generally a bad idea, as it is more likely that the alcohol will cause the person to appear intoxicated more quickly. 

The person’s weight

A heavier person will need to consume more alcohol to get to the point where they are noticeably intoxicated. Individuals who are smaller and have less body mass tend to be able to tolerate less alcohol. 

Prescription medications

Many individuals who take prescription medications may have different reactions to alcohol depending on the specific type of drugs that they need for their health conditions. Anyone who needs to take these kinds of medications should read all relevant warnings related to alcohol consumption.  

Individual metabolism

Some people who are more athletic or naturally have faster metabolisms can process alcohol faster than others. This means that alcohol can effectively linger in a person’s bloodstream longer if they have a slow metabolism. 

Defenses against DUI charges

These factors demonstrate just how problematic it is for people to try to estimate whether they are able to drive safely or not after drinking. While a defense attorney can raise some of these concerns about alcohol metabolism at trial, they will not necessarily excuse drunk driving or cause the defendant to be found guilty. A suspect is taken into custody and given a breath test for alcohol in their bloodstream, and if the result is .08 or greater, they are presumed to be intoxicated and this provides probable cause for an arrest for DUI. Regardless of the person’s blood alcohol concentration, a defense attorney may be able to raise issues related to the traffic stop, field sobriety tests, procedures used by the officer to collect the breath sample, and other problems with the evidence to try to get the charges reduced or dropped. 

Help from a defense attorney in Florida

Michael M. Raheb focuses on all aspects of defending against DUI charges for people who have been arrested in the Fort Myers area. He can provide representation to anyone who needs their case resolved.

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901


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