Getting arrested for a DUI can be a costly and inconvenient event in your life, but there might be a way you could get your charges dropped. One defense that might work for your case is called the rising blood alcohol defense. Here are three things you should understand about this defense in a DUI case.
What is this defense?
The rising blood alcohol defense is a strategy that is used to prove that a person was not intoxicated while driving, but that the alcohol caught up to the person at a later point in time. To get charged with a DUI crime, your blood alcohol content (BAC) level must be 0.08% or higher. This measurement tells the percentage of alcohol in your bloodstream, and it is a good indication of whether a person is impaired or not from the consumption of alcohol.
How does this defense strategy work?
In most cases, when you consume alcohol, the alcohol does not instantly enter into your bloodstream. In fact, it takes time for this to occur. If the officer that pulled you over did not test your BAC right away, but instead waited for minutes or hours, there is a good chance that your BAC was not over the legal limit when you were actually driving.
As time passes, it is quite normal for a person's BAC level to rise. This means that if the test was done an hour after you were pulled over, your test might reveal a BAC that is higher than what it was when you were driving your car. In other words, you might not have been impaired when you were driving. In this case, this charge would be inaccurate then.
How can you prove that this is what happened?
The problem with this strategy is that it can be hard to prove, simply because you will not have the BAC results from the time you were driving. The only way to really prove your case is to verify the time frame of the incident. If the officer did not test your BAC for an hour after pulling you over, you could use this time frame as an argument for your case.
There are a number of different strategies that can be used to disprove DUI charges. If you believe your DUI charge was not handled properly, talk to an attorney that handles these types of cases. Contact a firm like Law Office Of Les Downs to learn more.Share