If you are facing a DUI charge, you may be familiar with the various defenses that can be used to fight the charges. One such defense is the “rising blood alcohol” defense, which argues that your blood alcohol concentration (BAC) was below the legal limit at the time of driving but rose to an illegal level by the time you took the breathalyzer test.
Here’s what you need to know about this defense and how it can be used to help your case:
What is the “Rising Blood Alcohol” Defense?
The “rising blood alcohol” defense is based on the fact that alcohol takes time to be absorbed into your bloodstream. When you consume alcohol, it first enters your stomach and then your small intestine, where it is absorbed into your bloodstream. This process takes time, and during this time, your BAC will continue to rise.
If you were pulled over shortly after consuming alcohol, your BAC may have been below the legal limit at the time of driving. However, by the time you took the breathalyzer test, your BAC may have risen to an illegal level. In this case, your attorney can argue that you were not actually driving under the influence at the time of the stop.
How Can the “Rising Blood Alcohol” Defense Help Your Case?
If successful, the “rising blood alcohol” defense can reduce or dismiss your DUI charges. However, it is important to note that this defense is not foolproof and requires careful analysis of the facts of your case.
To use this defense effectively, your attorney must gather evidence to support your case. This may include witness statements, surveillance footage, and expert testimony. Your attorney may also need to challenge the accuracy of the breathalyzer test results and argue that they do not accurately reflect your BAC while driving.
Let Us Help
The “rising blood alcohol” defense is one such defense that can be used to argue that your BAC was below the legal limit at the time of driving. To use this defense effectively, you will need the help of an experienced DUI defense attorney who can gather evidence and build a strong case on your behalf. At Harwell Legal Counsel LLC, we have extensive experience defending clients against DUI charges and can help you explore your legal options.
Contact our firm today to schedule a consultation with our defense attorneys by calling 317-344-9085 to learn how we can help you navigate this challenging time.