What is a “rising BAC defense”?
It is a technical defense related to the concepts of absorption and oxidation (elimination) of alcohol in the body. It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING. It is not necessarily unlawful at the time of testing. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .08%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .05%. In other words, the test result shows a blood-alcohol concentration above the legal limit — but his actual BAC AT THE TIME OF DRIVING was below.
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING — not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested. Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit — but his actual BAC AT THE TIME OF DRIVING was below.
” It is illegal to have an excessive blood-alcohol concentration (BAC) at the time of driving, NOT at the time of being tested. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC level is likely to continue rising for some time after the individual has stopped drinking. Typically, it is an hour or more after a DUI apprehension when a blood, breath or urine test is administered to a DUI suspect. If the suspect’s BAC level measures .10%, and assuming he or she has continued to absorb alcohol since the arrest, the suspect’s BAC level at the actual time of driving may have been .07% or lower, depending on when alcohol consumption began. Thus, the suspect’s BAC at the time of arrest may have been under the legal limit. What DUI symptoms is an officer typically looking for? The traditional symptoms of drug and alcohol intoxication are: Flushed face Red, glassy, or bloodshot eyes Odor of alcohol on breath and in vehicle Slurred speech
