Rising Blood Alcohol Defenses for DUI

Driving under the influence of alcohol can cause serious motor accidents and, in the worst cases, death. If you’re facing DUI charges, the penalties for a conviction can be severe, so you should contact a criminal defense attorney immediately to discuss the possible defenses open to you.

In some cases, it may be possible to argue what’s known as the “rising blood alcohol” defense – here’s how it works.

What Is My Blood Alcohol Level?

Your blood alcohol level, or blood alcohol concentration (BAC), is simply how much alcohol is in your bloodstream at a certain point in time. The higher the BAC, the more alcohol you have in your blood.

There are two legally admissible ways to measure your blood alcohol level:

• Blood test
• Breath test

In California, the legal BAC limit is:

• Adult driver (non-commercial vehicle): .08%
• Adult driver (commercial vehicle or limo, taxi, and ridesharing): .04%
• Underage driver: 0.1%

You may face DUI charges if a blood or breath test shows that you’re over the legal BAC limit.

What Is the Rising Blood Alcohol Defense?

Your body begins absorbing alcohol the moment you consume an alcoholic drink. However, it doesn’t reach your bloodstream right away, which means it takes time for your BAC to reach its peak. Many factors can affect how quickly your BAC levels rise, including:

• Gender
• Body fat percentage
• Type of alcohol consumed
• How recently the person consumed food
• Overall health

What this all means is that your blood alcohol level continues to rise for some time – even after you stop drinking.

That’s where the rising blood alcohol defense comes in. It means that, although you might be over the legal limit when you submit to a breath or blood test, you weren’t actually over the legal limit when you drove the vehicle.

In other words, you may have been driving “legally,” but your BAC was over the limit by the time the police tested you.

What Evidence Do I Need for a Rising Blood Alcohol Defense?

The rising blood alcohol defense isn’t always available – it depends on the facts of your case. It’s most useful when:

• The police waited a while to test you, e.g., they pulled you over but didn’t test you for a few hours
• Your BAC was close to the legal limit, e.g., you tested at 0.09% as an adult driver of a non-commercial vehicle
• There’s no evidence you seemed intoxicated, e.g., you were unsteady on your feet or drove erratically

A criminal defense attorney can advise whether the rising blood alcohol defense might apply in your case.

Contact an Experienced DUI/DWI Defense Lawyer Today

Are you facing DUI charges in Los Angeles? The consequences of a DUI conviction can be severe, so it’s in your best interests to seek representation from an experienced DUI/DWI defense lawyer. At The Law Offices of David S. Chesley, our attorneys can review your case and help you understand what defenses may be open to you. For a case evaluation and free consultation, give us a call at (800) 755-5174 or contact us online.