Alcohol Absorption
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No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Alcohol Absorption Factors
Why the Same Amount of Alcohol Produces a Different BAC in Every Person
Every DUI defendant is different. The same amount of alcohol produces a different BAC in different people — and a different BAC at different times in the same person, depending on what they ate, how quickly they drank, and dozens of other physiological variables. Understanding these factors is central to building an effective DUI defence.
Rusty Shepard has challenged breathalyser results and BAC testing in Bay County DUI cases for over 25 years. The factors below are not theoretical — they are the variables his team examines in every case to determine whether the test result accurately reflects the defendant’s actual BAC at the time of driving.
The Individual Factors That Affect Alcohol Absorption
1. Body Weight and Composition
Alcohol dissolves in body water, not body fat. Two people of the same weight but different body composition will have different BAC levels from the same alcohol consumption. A person with higher muscle mass (which contains more water) will have a lower BAC than a person with higher body fat from the same drinks. Standard BAC calculation tables do not account for individual body composition.
2. Gender
Women absorb alcohol more rapidly and reach higher peak BAC levels than men of comparable size and weight. This is because women have lower levels of gastric alcohol dehydrogenase — the enzyme that begins metabolising alcohol before it even reaches the bloodstream — and typically have a higher ratio of body fat to body water. The same number of drinks that would produce a 0.06% BAC in an average man might produce 0.08% or higher in an average woman.
3. Food Consumption
This is one of the most significant factors in absorption rate. Food in the stomach slows the passage of alcohol into the small intestine, where the majority of absorption occurs. A person who drank on a full stomach may have a substantially lower peak BAC — and a much slower rise to peak — than a person who drank on an empty stomach. The type of food matters too: high-fat, high-protein foods slow absorption significantly more than carbohydrates.
4. Rate and Timing of Consumption
Drinking the same amount of alcohol over four hours produces a very different BAC curve than drinking it over one hour. Rapid consumption produces a faster, higher peak. Slow consumption allows the liver to metabolise alcohol concurrently, resulting in a lower and delayed peak. The timing of when you stopped drinking relative to when you were driving is therefore central to the rising BAC defence.
5. Carbonation and Drink Concentration
Carbonated drinks — beers, wines, and spirits mixed with carbonated beverages — are absorbed more rapidly than non-carbonated drinks. Higher-concentration drinks (spirits vs. beer) can also produce faster absorption in some individuals. These factors affect the speed at which BAC rises and can affect the gap between drinking and peak absorption.
6. Tolerance
Regular drinkers develop metabolic tolerance — their livers process alcohol more efficiently. This does not reduce BAC, but it does affect how impaired they appear at a given BAC level. Someone with high tolerance may pass field sobriety tests at a BAC that would visibly impair a non-tolerant person. This distinction between BAC and actual impairment is relevant to both the absorption rate defence and the field sobriety test challenge.
Why These Factors Matter in Your Case
The Intoxilyzer 8000 measures alcohol concentration in breath. It does not measure impairment. It does not account for the individual factors above. It produces a number — and the prosecution uses that number as evidence that you were over the legal limit at the time of driving.
Rusty Shepard challenges that inference using expert toxicology analysis, the timeline of your specific case, and the individual factors most relevant to you. The question is not just whether the number on the machine is accurate — it is whether that number accurately represents your BAC at the time you were behind the wheel.
Facing DUI charges in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Former prosecutor. Nationally Ranked DUI Attorney. Free consultation. Available 24/7.
No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
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– King R.
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– Jessica
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– Vanessa M.
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“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
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