A DUI conviction can have far-reaching effects on your future, potentially costing you jobs, auto insurance and other opportunities. If you've been stopped for driving under the influence and you're facing charges, you should talk with your DUI attorney about the rising blood alcohol defense. Here's a look at what you should know about this defense measure and how it could help you.
Blood Alcohol Level Basics
To understand the rising blood alcohol defense, you need to understand how your blood alcohol level changes. When you have an alcoholic drink, the alcohol gradually enters your bloodstream after being absorbed through your stomach wall and small intestine. When you stop drinking, the absorption process completes and your blood alcohol level peaks. Since it takes time for that alcohol to absorb, you will find that your blood alcohol level will go up over time before finally starting to drop some time after your last drink.
Understanding the Rising Blood Alcohol Defense
The duration of time required for alcohol to absorb can affect the results of your breathalyzer. Since most police officers conduct a routine traffic stop, take time to interrogate you and then subject you to a field sobriety test before actually completing the breathalyzer, your attorney may be able to argue that you weren't legally intoxicated at the time that you were driving.
Since most DUI laws are specifically worded to require that your blood alcohol level be above 0.08 while you're driving, your defense attorney can claim that the duration of time that passed from the time of the stop to the time of the breathalyzer was sufficient enough to allow the remaining alcohol to be absorbed, causing your blood alcohol level to rise beyond the legal limit.
Things to Consider When Claiming the Rising Blood Alcohol Defense
If the officer that stops you for DUI takes a preliminary breathalyzer on the scene and then a second one after your arrest, you can use the trend of those tests to claim that your blood alcohol level was below the legal limit at the time that you were stopped. For example, if the first test shows your blood alcohol level at 0.09 and then a test a half-hour later shows your blood alcohol level at 0.12, the attorney may contest the charges on the grounds that your blood alcohol level could have been at 0.08 or below at the time that you were stopped.
For more information about your DUI defense options, check out websites like http://www.hartlawofficespc.net.