What is Rising Blood Alcohol in Criminal DUI Cases?

 Posted on August 09, 2023 in DUI

Driving under the influence (DUI) cases are common cases that are very serious in nature, with a conviction on such charges levying severe legal and personal consequences. However, with advancements in scientific research and the growing understanding of the complexities surrounding blood alcohol concentration (BAC) levels, new defense strategies for DUI have emerged. Today, we will explore the rising blood alcohol defense, a defense strategy gaining traction in many DUI cases across California. Luckily, legal professionals are available for those who have been charged with DUI, greatly increasing the chances of pursuing a case outcome that is favorable to the individual charged.

Understanding What Rising Blood Alcohol Means

This DUI defense strategy is centered around the concept that an individual’s BAC was not above the legal limit while operating a vehicle but increased to an unlawful level of 0.08 percent after driving. The defense argues that the BAC measurement at the time of testing was higher than the actual level while driving due to the body’s metabolism processes.

The Physiology Behind Rising Blood Alcohol

When an individual consumes alcohol, the body absorbs and metabolizes it over time. The absorption rate depends on various factors, such as the individual’s weight, metabolism, food consumption, and the rate of alcohol consumption. As the body processes alcohol, the BAC level can rise or fall depending on these factors. This physiological phenomenon is often referred to as the “absorption phase,” during which the alcohol concentration in the blood gradually increases.

The Defense Strategy

The rising blood alcohol defense argues that the BAC level may not accurately reflect an individual’s impairment while operating the car due to the absorption phase. By utilizing professional witnesses, specialized scientific techniques, and thorough analysis of the timing of the alcohol consumption and testing, the defense aims to establish reasonable doubt regarding the defendant’s actual BAC during the vehicle’s operation. 

Challenges and other Factors

Mounting a successful rising blood alcohol defense can be challenging, requiring a deep understanding of the science behind alcohol metabolism and the underlying legal processes. Additional factors, such as accurate timing of alcohol consumption, testing procedures, and professional testimony, play vital roles in presenting a compelling defense. Skilled defense attorneys will often incorporate scientific literature, toxicology reports, and other forms of evidence to reinforce their arguments.

Contact a San Francisco DUI Defense Attorney

For legal assistance during this stressful time, contact the skilled Napa DUI defense lawyer with Burglin Law Offices, P.C.. Call 415-729-7300 for a free consultation. 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152 

https://www.healthlinkbc.ca/mental-health-substance-use/substance-use/alcohol-use/how-human-body-processes-alcohol#:~:text=Alcohol%20moves%20quickly%20from%20the,intestines%2C%20mainly%20the%20small%20intestine