What is a raising BAC defense in a Kansas City, Missouri DWI case?
The law requires you to be intoxicated at the time you operated the vehicle. If you test close to the .08 BAC mark, and the officer only asked you to take one chemical test, it may be possible to argue your BAC was rising at the time of your arrest, and you were not driving with a .08 BAC at the time you operated the vehicle. This defense usually requires the hiring of an expert witness to testify on retrograde analysis of your BAC.