Despite the many myths, you cannot get rid of alcohol any faster than your body can break it down. Your liver breaks down one drink per hour, approximately, and it can take up to six hours or longer to properly eliminate it from your system.

Everyone metabolizes alcohol differently, including men and women, and other influencers such as age and weight impact the process. There is no way to speed up the process—so even if you feel you are no longer drunk, your blood alcohol content (BAC) level might still exceed the limit.

It is in your best interest to avoid driving altogether and sleep off the drinks to ensure enough hours have passed.

What Tests are Most Effective in Detecting Alcohol?

Police officers use the Standard Field Sobriety Test (SFST), a series of three tests to detect a person’s BAC. This includes the Horizontal Gaze Nystagmus Test, Walk & Turn Test, and The One-Leg Turn Test. A breathalyzer is also a standard tool to measure a person’s alcohol consumption, which asks a person to blow into a device to detect alcohol levels.

The Horizontal Gaze Nystagmus Test is used to detect any bouncing or jerking of the eye, which is not apparent to the person, and only to the police officer.

The Walk and Turn Test tests a person’s ability to maintain balance and walk in a straight line for a short period. Lastly, the One-Leg Turn Test requires a person to stand on one foot while counting aloud for about 30 seconds or so, enough time to witness any swaying or other signs of impairment.

When Can an Officer Request a Breathalyzer?

Law enforcement can pull a person over if they show signs of impaired driving. Signs of impaired driving include swerving, weaving, speeding, driving too slowly, and other careless behavior. A police officer will likely start by gathering basic information such as your driver’s license and will ask you simple questions.

Delaware has an implied consent law, which means if you drive in the state, you voluntarily agree to a chemical test if you are suspected of driving under the influence. This includes a breathalyzer test, a standard method police officers use to detect a driver’s BAC.

Refusing a breathalyzer is an option and does not mean you plead guilty, though there will be consequences such as license revocation. Contact our legal team to understand your rights better.

What Legal Defenses Can Be Used in a DUI Conviction?

Law enforcement submits the test results from the SFST to the judge and prosecutor, among other details. With an experienced DUI attorney representing you, we can aim to prove the tests weren’t appropriately administered.

Our law firm’s priority is to leverage different strategies to reach a favorable outcome and resolution to avoid conviction. We uncover every stone and detail to protect your rights.

When you are faced with a DUI charge, we will help you work toward a reduced sentence or dropped charges. Schedule a consultation with our legal team and get solutions today: (302) 678-8700.