Unlike other types of criminal cases, driving under the influence (DUI) cases are unusual, involving scientific concepts not typical in other traffic related cases. In DUI cases, one needs to understand how alcohol affects the body. When a person consumes an alcoholic beverage, it takes time for the alcohol to be absorbed into the person’s body and into his or her bloodstream. This has implications on potential defenses in a DUI case. A DUI attorney uses these concepts about alcohol and the circumstances surrounding a DUI arrest to develop defensive strategies. One type of defense that a DUI attorney may use, depending on the specific facts in the case, is the rising blood alcohol defense.
Rising Blood Alcohol Defense
A DUI attorney may argue the defendant did not have a blood alcohol content (BAC) of .08 or greater at the time of driving; the defendant drank an alcoholic beverage just before driving. The idea behind this defense is that if the defendant had a couple of drinks right before he or she got into the vehicle and the officer does not test their BAC until the defendant is at the police station, then the defendant’s BAC will be much higher at the station than at the time of driving. Since it takes time for alcohol to be absorbed into the bloodstream, the BAC was lower while the defendant was driving then when they were tested at the station. The defendant may have had a BAC below .08 at the time of driving, which is not unlawful.
This is only one potential defense in a DUI case. If you or someone you know has been arrested for a DUI, you should consider speaking to a DUI attorney through our agency. DUI attorneys can mount an effective defense on your behalf and answer any questions you may have about your options.