Articles Posted in Rising Blood Alcohol Defense

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.

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In the previous blog, there was discussion on possible defenses for DUI. While an arrest is stressful and often traumatic, it does not necessarily have to lead to a conviction if the right defenses are available. The strength of each available defense will depend on the specific facts of your case. A thorough discussion of the each available defense with an experienced Los Angeles DUI Lawyer will help you determine what your options are and if any of the defenses will work in your favor.

In Part 1, two defenses were discussed; No driving, and Inaccuracy of test results. There are additional defenses available, with one of the strongest being a good lawyer who is aggressive and familiar with not only the law and procedure, but also the Judges and Prosecutors themselves.

Fourth Amendment Rights

Contrary to popular belief,sa field sobriety test is not always mandatory in a DUI arrest. The field sobriety test is the blood alcohol test that is required by officers at the scene of the DUI stop. They will often ask if you will blow in a breathalyzer so that they can get a reading on your BAC. Oftentimes many people refuse this test, and there are no consequences for doing so. It is not required, and may give officers additional evidence against you. However, any BAC test administered at the station are recommended to be taken.

Nevertheless, there are some situations in which the field sobriety test maysbe a good idea to take. One such incident is when there may be a rising alcohol defense. The rising alcohol defense is a defense that may be raised by your Southern California criminal attorney that may result in a reduction or dismissal of the charges being brought against you.

A person must be intoxicated at the time they are operating a vehicle for them to be arrested and convicted for driving under the influence. A rising alcohol defense implies that at the time the person was driving, or got behind the wheel, they were not intoxicated. The general assumption is that when a person first starts drinking, the alcohol has not entered their blood stream, and they are not yet intoxicated. They gradually become intoxicated as time passes. Many different factors will also influence how quickly a person becomes intoxicated including metabolism, gender, diet, and tolerance.sSo then, there may be situations in which the person that is driving is not yet intoxicated,sbut may be an hour from ingesting the first drink.