Driving Under the Influence

SUBSEQUENT DRINKING

Another scenario affecting blood alcohol level at the time of driving is where a person consumes additional alcohol after the time of driving. You would think that a person wouldn‘t consume additional alcohol in such a situation, but it happens in the real world.

This situation usually occurs where the driving is witnessed by a civilian who summons the police, particularly where there is an accident alleged. Typically, the driver in question does not realize that he will later be the subject of a police investigation, such as where the "accident" is a minor affair in a parking lot, with no damage to the vehicles. He proceeds into his home, or a nearby bar or restaurant, where the alcohol is consumed.

In some cases, the person may even be drinking in the vehicle. While drinking in a vehicle is itself a minor offense, it is not the more serious crime of DUI. I have even seen cases where a person drinks while waiting for the police to arrive, particularly where the person suffers from alcoholism.

Having over 17 years of experience as a prosecutor or criminal defense attorney as of the time of this writing, I have seen almost everything. As they say, "truth is stranger than fiction." Having assisted in writing scripts for Law & Order and other television programs, I can also tell you that what I have seen in real life far exceeds what I have seen writers produce. When dealing with human beings, you can expect almost anything. Expect the unexpected.

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