Last Drink Defense or bolus drinking as it is often referred to, is often used in the defence of over 80 (DUI) and impaired driving charges. Simply stated, this defence is based on scientific evidence that alcohol takes some time to be absorbed into your body. If a person has consumed alcohol with ½ hour prior to the offence some if not all of that alcohol remains in the stomach and not in the body. As a result the potential reading at the police station sometime later will be an inaccurate reflection of what was in the body of the accused at the time of the offence. The presentation of this offence must include the amount of alcohol and the alcohol % (content) in the beverage consumed.
In addition, drinking after the time of the offence will provide inaccurate higher readings. This type of defence often occurs after an accident where an individual has a drink to calm their nerves. In other cases, an individual may have driven home and had a few drinks and the police come knocking on the door having received a complaint of erratic driving.
Last drink defences are available in many cases and are often successful.
At Daley, Byers we will examine not only this possible defence but every possible defence applicable to your case. Aggressive, assertive, thorough – our client orientated defence – If there is a way to win we will find it.