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Raising Alcohol Defense in a Los Angeles DUI Case

There are many different defenses to a Driving Under the Influence Case. If the facts of your case allow for a strong defense, there is a good probability that you will get your case reduced or dismissed. One such defense is that of the Raising Alcohol Defense.

The raising alcohol defense, simply put, argues that your blood alcohol content rose after you had been driving, implying that your BAC was under the legal limit when you were actually driving.

Let’s consider an example. Donny is going out to a local bar with his friends. All his friends have come over to his apartment, and his plan is to drive to the bar and take a cab back home later on that night. Just as they are leaving his apartment, Donny takes a few shots with his friends, and they head out to the bar. The alcohol has not yet been absorbed by Donny’s bloodstream. As he is driving there, he is feeling fine, and does not feel as if he is intoxicated. Pulling into the bar, Donny makes a right at a red light without stopping and is pulled over by officers. Officers ask Donny if he has been drinking, to which Donny replies truthfully that he has. He is asked to submit to a field sobriety test at the site, to which he agrees. The BAC at the site is .03. Officers take him into custody, and about an hour and a half later Donny is asked to submit to a breathalyzer at the station. This test is not optional, so Donny does not have a choice to refuse. Refusing could result in additional consequences. Donny submits to the test and his BAC is .1. Even though he has not had any additional drinks, the alcohol is now absorbed and impairing Donny.

Donny has a defense. At the time he was pulling into the bar, and driving, he was well under the legal limit. This would need to be presented to the court at trial. It is a good idea for Donny to retain a Los Angeles DUI Lawyer so that he gets the best possible defense in Court. There are many variables in this case that could be extremely beneficial to Donny and could result in a dismissal.

The legal professional would present to the Court that at the time Donny was pulled over, he was pulling into the bar. Perhaps have his friends testify in court as to that fact. Furthermore, the lawyer would present the first BAC test, demonstrating that it was well under the legal limit.

If prosecution presents the argument that Donny would have driven home at some point, and would have been intoxicated, it is a weak argument. Donny cannot be charged for something that could have happened, he can only be charged for something that DID happen, and at the time Donny was driving, he was not impaired, and he was under the legal limit.

If you believe this DUI defense may also apply to the facts of your case, do not hesitate to contact a DUI attorney as soon as possible.