Description
The Rising Blood Alcohol defense may apply in DUI drunk driving cases when the driver's blood alcohol level (BAC) was below the legal limit while driving, but then increased above the legal limit defined in California DUI laws by the time law enforcement was able to test BAC.
This phenomenon occurs because it can take up to 3 hours for a person's body to absorb consumed alcohol into the blood stream. The chart above shows how the blood alcohol level can continue to rise as alcohol is absorbed over time.
Typically a toxicology expert must be utilized as an expert witness to create a retrograde extrapolation analysis estimating the BAC level at different times relative to the time of the DUI stop.
This advanced DUI defense strategy is one of the many possible legal defenses to DUI charges that a skilled criminal defense lawyer can utilize. For more about the Rising Blood Alcohol Defense and other DUI legal defense strategies visit: How to beat a DUI: 20 DUI defenses to fight drunk driving charges.
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Disciplines
- Law,
- Criminal Law and
- Evidence
Publication Date
Spring January 1, 2018
Citation Information
Tsion Chudnovsky. "Rising Blood Alcohol DUI Defense" Advanced Criminal Defense Strategies (2018) Available at: http://works.bepress.com/tsion-chudnovsky/5/
Creative Commons license
This work is licensed under a Creative Commons CC_BY-NC International License.