What is “rising blood alcohol” and is it a defense to driving under the influence?
Rising blood alcohol is a scientific analysis of the rate at which alcohol is absorbed and distributed by the body. Basically speaking, if you have one drink and your blood alcohol is tested at various intervals, you will see that over a period of time the alleged BAC will rise and after more time decrease as a result of elimination. So, if your have one drink at 1:00 a.m., get pulled over at 1:05 a.m., and get tested at 2:00 a.m., your blood alcohol at the time you are tested will likely be significantly higher than it was at the time you were driving versus a chemical test conducted at 1:10 a.m. It is also important to understand that under the right circumstances, this may constitute a defense to a charge of driving under the influence.
