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How does a rising BAC defense work in prevent a DUI charge?
I was arrested for a DUI about three weeks ago. They stopped me because I was driving swervy and then they arrested me. I want to find out if there is an alcohol defense available. I didn’t drink the beer until right before I left the bar and it seems like there should be a blood alcohol defense since it would take a while for the beer to actually get absorbed and make me drunk. They had me walk at the side of the road and I failed that test but they didn’t actually give me a breathalyzer until we got to the station and that was almost 45 minutes after I was arrested.
I think I read somewhere about a rising alcohol defense, does that apply here since my blood alcohol level was probably different when they actually took the breathalyzer then it was when I was driving home.
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Answers (1)
A rising blood alcohol defense is a legitimate defense to driving while intoxicated. Drunk driving laws mandate that your blood alcohol level must be at or above a certain point at the time you are driving. Since alcohol is not absorbed immediately into your system, it is possible your blood alcohol level rose in between the time you were actually driving and the time the police took your breathalyzer test. Your best option would be to take to an experienced DUI defense attorney who can discuss the rising alcohol defense and any other type of blood alcohol defense that might be available to you in your situation.
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Posted by Christy Rakoczy on 21 Jan 2010
1 person found this useful
(2 Votes)