Defending DUI Charges in Ann Arbor: Strategies for the 15th District Court

Facing a DUI charge in Ann Arbor’s 15th District Court—where cases are heard by Judge S. Kerene Moore, Judge Karen Valvo, or Judge Perry—can be overwhelming. However, one potential defense that might apply in your case is the "drinking after driving" argument. This defense arises when a driver is tested for alcohol well after they were last behind the wheel, claiming that the alcohol detected was consumed after driving, not before.
How the "Drinking After Driving" Defense Works

For this defense to be viable in Ann Arbor’s 15th District Court, key elements must be established:

1. A Gap Between Driving and Testing – A significant delay between the time of driving and when police administer the BAC test is crucial.
2. Evidence of Post-Driving Alcohol Consumption – The driver must have had access to a sufficient quantity of alcohol after driving to account for the test results.
3. Understanding Alcohol Absorption – Alcohol levels continue to rise for up to two hours after consumption, meaning that BAC at the time of testing may not reflect BAC at the time of driving.

Alcohol Absorption and Elimination RatesA strong defense requires an understanding of alcohol metabolism:

• A single unit of alcohol can increase BAC by .02 to .025 (Jones & Holmgren, Forensic Sci Int’l, 2009).
• Alcohol absorption typically peaks between 14 and 138 minutes post-consumption.
• Different drinks have varying alcohol contents--craft beers, wine, and mixed drinks often contain higher ABV than standard servings.

For instance, a 16 oz. craft beer at 7% ABV is equivalent to nearly two standard drinks, significantly affecting BAC calculations.

Michigan Case Law and the "Drinking After Driving" Defense

Michigan courts have examined this defense in cases such as People v. Smith, where the defendant claimed that alcohol detected in their breath test was consumed after driving. However, the court upheld the DUI charge, stating that the evidence was insufficient to prove that post-driving drinking alone accounted for the BAC results.

This case highlights the importance of:

• Accurate drink history – Establishing what was consumed and when.
• Scientific calculations – Demonstrating that the alcohol consumed after driving was enough to explain the elevated BAC.
• Expert testimony – Explaining how alcohol absorption rates could support the defense.

Presenting the "Drinking After Driving" Defense in the 15th District CourtTo successfully argue this defense before Judge Burke, Judge Valvo, or Judge Perry, an attorney must:

1. Gather strong factual evidence, such as receipts, witness statements, or video footage proving post-driving alcohol consumption.
2. Apply scientific analysis, including BAC absorption and elimination calculations.
3. Challenge the prosecution’s timeline, questioning whether BAC results truly reflect the time of driving.

While the "drinking after driving" defense is not always easy to prove, it can be effective when backed by science and evidence. If you are facing a DUI charge in Ann Arbor’s 15th District Court, consulting a skilled DUI attorney who understands local court practices and judicial perspectives is essential. Building a strategic defense could be the key to achieving a favorable outcome in your case.