Rising Blood Alcohol -- Understanding this California DUI Defense
California Vehicle Code 23152b penalizes driving with a blood alcohol concentration (BAC) of 0.08% or greater. Unlike Vehicle Code 23152a “driving under the influence” people aren’t charged with this offense until after they’ve submitted to a chemical DUI blood or breath test that resulted in a BAC of at least a 0.08%.
The problem with this scenario is that, depending on the circumstances, the BAC that is reported could actually be the person’s BAC at the time of the DUI blood or breath test as opposed to his/her BAC at the time of driving. This theory is based on the scientifically validated rising blood alcohol DUI defense.
The rising blood alcohol DUI defense, also known as the on the rise DUI defense, acknowledges the fact that alcohol doesn’t enter your bloodstream immediately following consumption. On average, alcohol takes about 50 minutes to “absorb” into your bloodstream and may even take as long as three hours. So what does this mean?
Let’s say, for example, that you have “one for the road” before you drive and that an officer investigates you for a California DUI shortly thereafter. If your DUI blood or DUI breath test were taken within an hour or so of your last drink, your BAC was likely still rising at the time you were driving.
This means that even though you may have tested above the legal limit, your BAC may have been below a 0.08% at the time you drove. Since this is the only timeframe that is relevant to a California DUI prosecution, this critical point, when applicable, may help acquit you of your DUI charges.
