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The Volz Law Blog

Serving Vermont in Family Law, Personal Injury, and LGBT Law.

What Should I Do If I Get Pulled Over After Drinking?

Continuing from our previous discussion on maximizing defense options, if you were to drink a few shots of whiskey and then immediately go driving around for example, it has been found that those shots won’t hit your system for about 30 minutes.

[DISCLAIMER: YOUR MILAGE MAY VARY! DON’T TRY THIS AT HOME! OR ANYWHERE, FOR THAT MATTER!!! It is just an example.]    

If pulled over during that 30 minute period, you would reek of booze and no doubt be taken back to the station and processed.  By the time you got to the station and formalities followed, more time would pass and when you finally blew into the machine, you would certainly be over the limit.  However, if the alcohol you consumed during the 30 minutes prior to the stop was deducted from the analysis, then you most likely wouldn’t be over the limit.

Imagine though, if when asked by the police whether you had anything to drink and you were foolish enough to be engaged and you said you had nothing to drink, or, that you didn’t have anything to drink for a couple of hours, the defense described above would be out the window. And this is just one example of one defense.

The relation back analysis cuts both ways. The State of Vermont is also able to determine how much alcohol you eliminated (by breathing, digesting, etc.) during the time it takes to process you and add that figure to what you blow.  For example, if you were pulled over at 9 PM and they had you blow into the device that measures your blood alcohol content, the DataMaster, at the station at 10 PM and you blew a .07, they can add .015 BAC (the average amount of alcohol that an average body eliminates per hour) to the .07 and get a figure of .085 BAC.  

So, you can see that just by making cooperative conversation with the officer you could severely and inadvertently impact your case negatively.  Best to simply be polite and decline engaging.

If you are involved in DUI charges in Vermont, you need an experienced Vermont DUI attorney. If you would like to discuss your particular DUI case, contact Attorney Kevin Volz at 802.775.0700. We are here to help.

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