What is the Rising BAC Defense in a DUI Case?

When a person is stopped for a suspected DUI, the officer will usually perform field sobriety tests.  In most states the issuance of your drivers license is also an acceptance of the your state’s implied consent laws.  There are jurisdictions in which failure to submit to a Breathalyzer test can result in the instant suspension of your drivers’ license or additional charges. The Breathalyzer test is the most common method of determining the level of alcohol in your blood stream.  This has allowed for the development of the rising BAC defense.

Blood Alcohol Concentration Levels and DUI

Each state will have their own level of Blood Alcohol limits to support a DUI charges.  In some states you will face more severe charges if your Blood Alcohol Concentration level is deemed extremely over limit.  If your BAC is a .08 or .10, you will face DUI charges. 

BAC Levels and Defense of Your Case

When an attorney is defending your case one of the first items he or she will address is your BAC level and the manner in which it was determined.  The rising BAC defense is based on the fact that when an individual is drinking it will take between 45 minutes and 3 hours before the alcohol is fully absorbed into their system.  This means that a person arrested for DUI at 1 a.m. and that isn’t tested until 2 will have a higher BAC level than he did when was driving.  This is important because your DUI conviction must be based on what your blood alcohol level was at the time you were behind the wheel of the car.  

Often to assert this defense a toxicology expert is brought in to prove a person’s BAC level.   Police officers are aware of the rising BAC defense and will often try to preempt its use by asking a driver specific questions about the number of drinks they’ve consumed.  Also, there if a BAC test is done with a time limit set by law, most jurisdictions will assume that the BAC level is valid. 

Seeking Legal Help

If you are charged with a DUI, your first step should be to get an attorney.  Lawyers that have experience with defending DUI cases will be aware of all available defenses, like the rising BAC defense, that could assist you in winning your case.   Handling these types of cases yourself, is never a good idea- get a lawyer so you can have a piece of mind.