William Marcus Wilkerson
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Photo of attorney William Marcus Wilkerson
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Varying factors determine your BAC

On Behalf of | Aug 20, 2021 | Criminal Defense |

Blood alcohol content readings can be affected by certain factors that Texas law enforcement officers may not consider when conducting the test or prosecutors will not consider when pressing charges. They rely strictly on numbers. The truth is that body frame and weight can have a significant impact on how reading will turn out. Criminal defense attorneys understand this dilemma for those who are accused of driving under the influence, and extenuating factors can often be used in building a solid argument to intoxication claims charges.

Absorption rate

One of the primary factors that impact absorption rates for drinkers is food. Eating after drinking may not help in the immediate BAC reading, but by the time an officer can get a suspect to the station for official acceptable testing the level can be reduced. Typically, eating at least 30 minutes before drinking will result in a slower alcohol absorption rate, which can effectively limit DUI claims by arresting officers who suspect drunk driving.


Medications can also have a major impact on how a driver appears when being stopped after drinking. Drugs do not need to be in an active state in order to impact the user either. All drugs of any type have a half-life latency period that occurs as they wear off, but this can still make the user appear inebriated when they may not be officially intoxicated. While it is not lawful to operate any vehicle while in an active period of intensity when taking prescription medications, drunk driving charges may still be filed under certain circumstances when the effects are observed by an investigating officer.

It is important for all Texas drivers to understand that drinking alcohol and driving soon afterward is not the only reason a DWI may be issued. Prescription medications can be used as evidence as well.