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When someone gets pulled over for drinking and driving, it is possible the breathalyzer test will not accurately show their blood alcohol content at the time they were driving. Because of this, many could possibly use rising blood alcohol as a defense.
If you have been arrested for drunk driving, make sure you contact a DUI lawyer who could help you build a Midland DWI defense of rising blood alcohol.
Rising Blood Alcohol Defined by Midland Law
Anytime somebody consumes alcohol, there is a rise of it going into the bloodstream. After drinking beer, the alcohol within that beer is going to be absorbed into the bloodstream and that is going to increase the blood alcohol concentration in the blood. At a certain period of time, it is going begin to decrease because it is eliminating. Now, that will change depending on the time, how much the person had to drink, how quick the person drank, and whether they are on a full stomach or an empty stomach.
The idea of a rising blood alcohol defense is that at the time that the person gets stopped, their blood alcohol concentration was below the legal limit and by the time they got the person through all the field sobriety tests and then down to the jail or the hospital to give a breath or blood sample, the alcohol has continued to rise and is above the legal limit at that time but below at the time they were driving.
When Blood Alcohol Level is at its Highest
It varies person to person. There are many factors to take into consideration. The government will try to say it will be at its highest at 15 to 20 minutes after drinking but there are a lot of scientific studies that show that delays in absorption can be up to four hours.
Evidence Involving Rising Blood Alcohol Level
A person may use an expert witness to show what we call an artifact but that would be basically be all the facts that an expert could come in and estimate about what the blood alcohol concentration was at the time of driving based upon how much the person had to drink, when they had to drink it, the time frame, is it on an empty stomach or a full stomach, and how much they weigh. A lawyer could know what evidence to look for involving a Midland DWI defense of rising blood alcohol.
Using Rising Blood Alcohol as a Defense
Rising blood alcohol is a valid defense especially when it is a lower number. The likelihood of going from under a 0.08 to a 0.27 in the hour that it took to arrest the person and take them into jail is probably not realistic but if the person has a blood or breath concentration of a 0.09, 0.11, or 0.12, that certainly would be consistent potentially with rising blood alcohol. Judges and jurors could find this defense persuasive because the prosecutor has to prove at the time of driving it is a 0.08 case and so if the government cannot do that, then the jury or judge should follow their oath and find them not guilty.
How a Lawyer Could Help
An experienced attorney will look at the case, check the facts, see if it is realistic to use and if it is, explores the possibility of using an expert who could come in and testify to those facts. A Midland DWI defense of rising blood alcohol could keep you from being convicted of drunk driving. Call a lawyer for a consultation today.