Rising Alcohol Levels and Your DUI Trial
Are you familiar with the rising blood alcohol defense? As a defendant, you may not be, but your DUI attorney in Orange County certainly should. This defense calls into question your blood alcohol content (BAC) was when you were driving – not what it was when the test was administered.
After you drink alcohol, the level that is in your blood increases as the substance goes into your digestive tract. Then, it hits a plateau and begins to decrease as your liver breaks down the alcohol. When the amount of alcohol in your blood is increasing, you are in what is known as the “absorption phase.” When the amount of alcohol in your blood is decreasing, you are in what is known as the “elimination phase.”
What Does This Mean for Your Case?
If you were pulled over on the suspicion of drunk driving and tested during the absorption phase, your BAC (Blood Alcohol Content) will be lower than if you are tested later. There is the possibility of showing a jury that your BAC was, in fact, not as high as originally suspected at the time you were driving.
This is known as the “rising blood alcohol defense.” The only way it can be employed correctly is through reliable testimony. Such testimony must show that you were drinking just before you were pulled over and/or charged with drunk driving. In addition, it is important that your performance on any field sobriety tests given at the time was good. Together, these factors can help your DUI attorney in Orange County explain to a jury that your BAC was probably lower than any chemical tests showed.
If you will be testifying in front of a jury and using this defense, your attorney will likely go over his or her questions with you prior to your actual testimony.