Rising Alcohol Defense

Definition - What does Rising Alcohol Defense mean?

The rising alcohol defense / rising BAC defense is an argument used in driving under the influence (DUI) litigation. The party suspected of drunk driving tries to prove by affirmative evidence that the blood alcohol content (BAC) level of the individual was below the legally permissible limit (0.08%) at the time of driving, even though tests taken after some time of the individual being caught may show otherwise.

Justipedia explains Rising Alcohol Defense

Throughout most of the United States, the crime of DUI is defined as having a BAC level of 0.08% or higher at the time of driving.

When an individual consumes alcohol, it takes some time for the alcohol to be absorbed into the individual’s bloodstream. During this time, the BAC level is on the rise.

When an individual suspected of drunk driving is detained by law enforcement, it frequently takes some time before tests to determine the individual’s BAC level are conducted.

A rising alcohol defense tries to establish by affirmative evidence that the individual suspected of DUI had a BAC level below the legally permissible limit of 0.08% at the time of driving.

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