Rising BAC is defined as any situation where someone takes a breath test. Breath tests are administered with two samples provided. They are supposed to be taken at least three minutes apart.
Sometimes the breath or blood tests are not administered at the time at the scene of the arrest. This means, there can be a gap in time of more than an hour before the blood or breath tests are administered at the police station.
The theory behind using rising blood alcohol content as evidence in DC DUI cases is being able to prove that the accused was under the legal limit at the time they were stopped. However, an experienced DUI attorney may advise additional defenses depending on when the individual was initially tested.
Often, an individual will be asked to take two breath tests. They must provide the two samples with at least three minutes of time in between them. If someone blows twice with about four to five minutes in between the second reading will likely be higher.
Because time is passing, the blood alcohol content is rising and will be indicated by the increase from one test to the next. It is important for individuals to contact an attorney about the potential impact of using rising blood alcohol content as evidence in DC DUI cases.
The length of time for a person’s blood alcohol level to be at its highest depends on a variety of factors. It depends on how much a person weighs, how much they drink, whether they ate anything while drinking, and what their metabolism is like.
Alcohol takes a while for a body to process it. When someone begins drinking alcohol, their alcohol level is relatively low. As their body starts to process the alcohol, the level in their system increases. At a certain point, it peaks. It gets to its highest point and then starts to decrease.
If the person’s blood or breath alcohol is rising at the time they take a test, the argument can be made that when the person was driving; their blood or breath alcohol level was much lower because it is still rising at that point. It had not begun to decrease.
The defense might want to call an expert when using rising blood alcohol content as evidence in DC DUI cases. The expert could do an analysis based on what the person consumed related to their weight. They can then testify that based on the person’s metabolism, their BAC level was lower at the time the person was driving.
The expert takes into consideration the person’s unique characteristics and the way they absorb alcohol and expel alcohol from their system. The rising BAC means that at the time that the person was driving, their blood or breath alcohol was at a level that was way below the limit, therefore, they were not under the influence.
Jurors often appreciate experts with education and experience in the field to provide a testimony. Typically, they like having evidence that corroborates what the accused is saying.
Although using rising blood alcohol content as evidence in DC DUI cases can be beneficial, an attorney will likely look for alternate resources for their case. They may place as much importance on their chosen expert witness because their testimony can hold a lot of value in court. For more possible defense strategies, contact a determined DUI attorney.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.
Price Benowitz LLP is continuing to serve the community during the COVID-19 outbreak through the implementation of The Helping Hand Initiative. This plan seeks to help individuals who are more vulnerable to the virus by enlisting volunteers who can deliver groceries, medicine, and other necessary supplies. If you would like to volunteer or know someone who may be in need of assistance, please contact helpinghand@
Because your health is of the utmost importance to us, our team has begun working remotely. Our plan is to continue providing excellent service to our clients while ensuring the safety of our community and yours.