When a person has been stopped on suspicion of driving under the influence, they must appear before a Judge in criminal court. At this point the person has not been found guilty, and are therefore not convicted of a DUI. In order for a person to be convicted and sentenced for a DUI, the person must be found guilty beyond a reasonable doubt. The prosecution must prove that the person was driving and that the person was intoxicated while driving.
If the person is not intoxicated while driving, they may have a valid defense. However, the Los Angeles DUI attorney must demonstrate to the court that the person driving was not intoxicated while they were driving, even in situations where there is evidence of the driver's blood alcohol level. Providing this defense is very difficult, as it involves much reasoning and assumption, but is definitely possible.
This defense is referred to as the rising alcohol defense. The defense simply means that while the driver was driving the car, their blood alcohol level was low. The blood alcohol level rose as the person drove. Therefore, while the person was driving, he may have reached his destination prior to their blood alcohol level being anywhere near, or over the legal limit of .08%.
For example, let's consider David. Let's say that David has three quick shots of whiskey with his friend at the bar. Within minutes of having the two shots, David leaves his friends house to head over to a friend's birthday. When David first gets into his car, directly after having the whiskey, his blood alcohol level is low because the alcohol has not been absorbed into his blood stream yet. As time passes and taking several factors into account, David's blood alcohol level starts to rise. David's friend's birthday is within 5 minutes of where David was and the alcohol would not have likely entered his blood stream. However, before David can reach his destination, he is pulled over by officers on suspicion of DUI. When asked to do a field sobriety test David agrees and blows a .07. Officers believe he could be a threat and takes him into custody. At the state, David blows a .11.
Here David's attorney would argue that when David got into the car, his BAC was very low. It only rose significantly as time passed. If David had never been pulled over, his BAC would have remained low until he reached his destination which was only 6 minutes away.
If you feel that the rising alcohol defense applies to your case, it is important to talk to an expert regarding the facts of your case. If the defense is a successful one, your Los Angeles DUI charges may be dropped completely.