Rising Alcohol Defense

The rising alcohol theory allows that when a driver consumes alcohol the alcohol is absorbed into their bloodstream and their blood alcohol concentration (BAC) continues to rise until they have reached what is known as their peak absorption rate. The rising alcohol defense contends that if a driver was arrested for DUI and provided a chemical sample of their blood before the alcohol reached its peak absorption rate, the results of the DUI chemical test were probably falsely high.

Using the rising alcohol defense, some DUI lawyers have been able to prove that although their client's tested above the legal limit, they were not legally intoxicated when they were driving. For instance to be convicted of California Vehicle Code 23152b driving with a BAC of at least 0.08%, the driver must have an illegal BAC limit at the time of driving.

Talk to a DUI lawyer if you have questions. The rising blood alcohol defense is strongest when the driver's test results show a BAC slightly over the legal limit and a credible drinking history can be presented from witness statements and bar receipts.