Honolulu Dui Attorney Reveals Importance Of Chemical Test Timing

The majority of DUI cases go through a series of events that are very much the same, beginning with you getting pulled over, followed by the arrest and post arrest processing. Because no two cases are alike, the order and timing of each step are unpredictable and you could be held up for hours during the processing or released quickly in minutes.

The following are circumstances that could lengthen the time of your DUI stop.
- The police officer that pulled you over takes the time to wait for assistance from another police officer.
- Got into an accident, in particular if it also happened to other people or vehicles.
- Taking the field sobriety tests.

Each DUI case is different, but in your case, too much time may have passed between the time you were pulled over and the time your blood alcohol level was tested. It could be quite a crucial point in your case and for your Honolulu DUI attorney to achieve a favorable DUI defense.

Many people wonder if the timing of a DUI chemical test is important. To put it simply the answer is yes, and it may play a vital role in your test result and your case.

Alcohol affects everybody in different ways and many factors come into play as how it affects them.

Important aspects to consider include:
- weight and height
- sex
- age
- history of health problems
- how long ago you ate
- any medications you are taking

But most people will assume that if they stopped drinking a few hours ago, they will not fail their DUI blood alcohol test. Depending on the items listed above, it may not actually be correct because some individuals may need more than four hours for alcohol to begin to vanish from their body.

The timing of the chemical test can be an important legal point hinging on alcohol absorption rates vs. the actual time you were driving the vehicle. A blood alcohol test determines the concentration of alcohol in your blood at the time of the testing, but depending on your personal case, it may have been a few hours between the time you were first pulled over and the time you were tested. A method called retrograde extrapolation might be used to determine an estimate for your blood alcohol level at the time you were driving. An experienced Honolulu DUI attorney will be able to manipulate the retrograde extrapolation data to fight the validity of the test, which may prevent it from being admissible in court.

For chemical tests to be allowed in court, each state has a minimum standard, which prosecutors must follow. The minimum standard normally specifies sticking exactly to the timing of any chemical tests. The determination of whether or not your blood alcohol volume test could be admitted in court will depend on the individual circumstances in your case, such as the time between when you were pulled over and when your test was done. Other states have set a maximum time limit between 2 to 3 hours after the traffic stop. The outcome of your chemical tests could be challenged in court if the police failed to conform to the time limits specified in the standards. A good Honolulu DUI attorney should be knowledgeable in scrutinizing the legitimacy of your chemical tests.