In the state of California, there are many potential defenses to DUI charges, including “rising blood alcohol.” Keep reading to learn what this means, how it can be used, and if it is relevant to your case. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation with a criminal defense attorney.
What is Rising Blood Alcohol?
When a person drinks alcohol, they are not immediately drunk. It takes time for the body to metabolize alcohol. After a person drinks, their BAC goes p quickly and steadily. It will continue to do so until it has reached its maximum amount, known as the peak. This generally occurs about 30-45 minutes after they have had the alcohol.
However, for some people, and depending on the circumstances, it can take much longer for the blood alcohol to reach its peak. It could take as long as two or three hours, which means that a driver could be under the legal limit when they are pulled over, only to test as over the legal limit by the time their chemical DUI test is administered.
How is Alcohol Absorbed by People?
When a person consumes alcohol, about 20% is absorbed in their stomach, but the remaining 80% is absorbed in their small intestine. A very small amount comes out in their urine, breath, sweat, and saliva, which is how breath tests work. Once the alcohol goes through the digestive system, it goes into the bloodstream, where it is carried to organs such as the brain.
How Are BAC Levels Different Throughout an Evening?
They reach a peak about 30 minutes to two hours after a person drinks alcohol and then start to decline gradually. This is called falling blood alcohol.
What Factors Affect How BAC Goes Up?
There are many factors that can have an impact on how quickly alcohol is absorbed and eventually eliminated by the liver. They include what type of alcohol was consumed, whether the person had eaten before drinking, how quickly they drank it, their body fat percentage, their gender, their tolerance for alcohol, illness, interactions with other drugs, and fatigue.
How Does Rising Blood Alcohol Cause False Positives on DUI Chemical Tests?
It is often the case that a person is not given a chemical test right after they are pulled over. Instead, they are not done until the suspect has been placed under arrest and taken to the police station. The state considers a DUI chemical test valid if it is taken within three hours after the arrest, which means that it is entirely possible that a person’s blood alcohol was rising the entire time they were waiting for the test.
If you have been arrested for a DUI, we strongly recommend that you contact Chambers Law Firm at 714-760-4088 now for a free legal consultation. We can carefully assess your case to determine the best possible way forward.
