I’d like to chat with you today about what is called the last drink defence. This is a defence that I’ve used many times in my career to assist clients in winning their DUI cases.
I’m going to give you an example. You are at a bar and you drank throughout the course of night and you are planning on leaving. So it’s about, you know fifteen minutes, maybe thirty minutes before you leave. So, you have a couple of shots. Two, three shots. You’re a woman, you weigh 110 pounds.
The police pull you over as soon as you get out of the bar. The last drink defence means that those last few shots that you had, those last few drinks that you’ve had, they are not in your bloodstream.
So the police officer arrests you for impaired driving, he smells alcohol, or, or gives you a roadside test and brings you to the police station. An hour and a half later when the real breath samples are taken the Intoxilyzer test, they show a reading of say 120. Now in that particular case, what’s happened here is that the time you were stopped, those drinks clearly were not in your bloodstream. They were sitting in your stomach.
An hour and a half later, they have gotten into your bloodstream and now you have a reading that’s 120. What the last drink defence means is, “Heck! Look! Those were not in my bloodstream. Here’s my toxicologist who says “look if I have a drink fifteen to thirty minutes, zero to thirty minutes I should say, before I am pulled over by the police, that is not absorbed and my reading rose to 120. So really, at the time of the reading, it was below 80.”
If you’re believed, if you can create a reasonable doubt on that, it wins your case. And believe me, this happens many times– bottoms up at the bar. Lots of people do that. I’ve seen it happen many times where they’re pulled over right away and even into RIDE programs. And if you have credible witnesses, you can win this.
It’s just proof beyond a reasonable doubt. If, if ultimately, the judge is going to say, “Look! I listened to her testimony and I don’t necessarily believe her. But I have a reasonable doubt, it might, might be true and I find you not guilty. So that’s the last drink defence. If you have that fact pattern, share it with your lawyer and you can hire a toxicologist to come to court to show that this is a viable defence and hopefully win your case.