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How a rising blood alcohol defense helps a DUI charge

On Behalf of | Jan 5, 2023 | Criminal Defense

A traffic stop for suspicion of DUI is an involved process. The officer who stops you will conduct a thorough field sobriety test and may have you take a portable breath test as well. The results of those tests often factor into the decision to charge you with DUI or not.

You can fight an over-limit breath test with the rising blood alcohol defense.

What is the rising blood alcohol defense?

Your body absorbs the alcohol you consume gradually. That means any alcohol you consumed shortly before your traffic stop may not reach your bloodstream until after your field sobriety test is already over. The time that passes between your actual stop and the breath test can allow for more alcohol absorption and an increased blood alcohol level.

When will you have the most success with the rising blood alcohol defense?

In most cases, the rising blood alcohol defense is most effective when the blood alcohol level from the breath test is close to the legal limit. If your results come back around .084 or something similar, that is close enough to the limit to argue that your blood alcohol level was still rising after the stop and you were not over the limit while driving.

The rising blood alcohol defense can protect you from a DUI conviction if your blood alcohol test is just over the legal limit. Consider fighting the charges even if your breath test and field sobriety test show signs of intoxication. You can save significantly in fines and the lasting effects of a conviction.

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