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.
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