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How Long Does Alcohol Stay In A Person’s System?

It varies. It depends on the person, on their body fat amount, what they had to eat, when they last consumed alcohol, and how their body metabolizes alcohol. There are some people that have consumed so much alcohol that literally 24 hours later, they are still technically under the influence.

Women tend to have higher blood alcohol contents with less alcohol than men; it just is a matter of biology and how women process alcohol, usually their size and how much body fat they have. There are a lot of different factors involved; ten different people can drink the same amount of alcohol and have ten different blood alcohol contents.

Can Something Else Mimic Alcohol In A Blood Draw Test Result?

The blood test itself can distinguish between different types of alcohol, so it can distinguish between ethyl alcohol, isopropanol, and acetone. There is nothing chemically that I’m aware of that would appear to be alcohol that truly was not alcohol. There are things that can mimic the outward signs of alcohol. Sometimes, people with diabetes have medical issues, possibly because of diabetic shock, that can mimic the signs and symptoms of alcohol but would not itself result in a blood alcohol content in the system.

There are no drugs or medications that would increase the blood alcohol content, other than something like Nyquil which does contain alcohol. People seem to think that taking certain medications may lead to a rise of the blood alcohol level on a blood or breath test but every time I talk to a scientist about this, they say there is no such medication or drug that would result in a higher blood or breath test results.

Do You Utilize Scientists for Expert Witnesses?

Scientists can definitely be helpful as expert witnesses. We in the defense community have a few scientists that are constantly used in a trial to try to assist in explaining to the jury why the jury should not rely upon the blood or breath test results that the prosecutor is attempting to rely upon. They can be helpful, but they are not always utilized because they are not always necessary.

The scientist that the defense community calls up is often well respected in the scientific community and is not necessarily defense oriented. They are really there just to tell it like it is, which in some cases is not necessarily how the defense wants to present evidence to the jury. Every one of the scientists that the defense calls to the stand does have to be concerned that that scientist will say something that the defense does not want to hear and that the defense does not want to promote to the jury, because they are scientists, not defense witnesses.

They are going to be fair, they are going to be honest, they are not going to change their answers for the benefit of the defense, they are going to tell it like it is and answer the questions that are asked by both the prosecution and the defense, and the defense sometimes does not like the answers that their own witness has to say.

How Often Do Blood Draws Occur In A DUI Situation?

They are more common. The only city that does not rely upon it is Tempe. Tempe is still primarily a breath test city. They will rely on a blood test if the officer suspects drugs or medications or if the person refuses the breath test but, generally speaking, Tempe relies on Intoxilyzer breath testing results.

Most other cities or jurisdictions will rely either solely on blood tests or blood tests in combination with breath tests. Scottsdale, for example, will have people blow into an Intoxilyzer breath testing device and they will also draw blood, but they are going to rely on breath tests unless the defense counsel challenges the breath test results or the defense counsel sets the case to trial or the defense counsel retest the blood themselves, then that would prompt the prosecutor to test the blood sample as well.

Are the Penalties Harsher In A Blood Draw DUI Case?

The only difference could be whether they may be required to pay restitution for the use of a blood draw kit. Generally speaking, the margin of error on a blood test is plus or minus five percent, while the margin of error on a breath test is considered to be plus or minus ten percent.

Blood test results obviously take a lot longer. Blood test results take or can take quite a long time when testing for alcohol. If the prosecution then decides to also test for drugs or medications, it can take even longer. It is not uncommon for the case to basically be put on pause for upwards of six or eight months, sometimes even a year, waiting for those blood test results to come in.

For more information on Alcohol Content in a Person’s System, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

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  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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