People who rarely consume alcohol may be particularly susceptible to intoxication. One or two drinks may leave them in a visibly impaired state. Those who regularly enjoy alcohol may develop a tolerance. They could drink an entire six-pack of beer and appear sober to others. Individuals with high alcohol tolerances are among those who may be at risk of driving under the influence (DUI) charges.
Can documentation of a high alcohol tolerance contribute to a drunk driving defense strategy?
The law is more complex than people think
Many people assume that drunk driving charges are a reflection of a motorist’s capabilities. However, many drunk driving cases do not involve motorists who caused crashes or drove erratically at high speeds.
Instead, the state brings charges based on their elevated blood alcohol concentration (BAC). Any adult with a BAC of 0.08% or higher who gets behind the wheel to drive has already broken the law. Even if they do not show any noticeable signs of impairment, they could be at risk of prosecution.
Establishing that a driver has a high tolerance due to regular alcohol compensation is not sufficient to avoid a drunk driving conviction. However, people may be able to question the test results or the legality of a traffic stop.
There are many defense options available to those worried about the impact of a DUI conviction. Discussing one’s charges with a legal professional could help defendants plan the best possible strategy. While tolerance isn’t a defense, many people accused of DUI offenses can exonerate themselves with proper support during criminal proceedings.
