Our bodies take time to process alcohol, which may mean that a chemical test shows a higher blood alcohol content than a driver had while on the road.
Under California law, it is illegal to drive while under the influence of alcohol or drugs. This means that if you are driving with a blood alcohol content (BAC) of .08 percent or higher, you may be convicted of a crime and lose your license. DUI charges are typically proven by measuring BAC through a chemical test, which are often taken after a person has been arrested and taken to the police station. Because of the way that our bodies process alcohol, this may result in a test that shows a higher BAC than what you had when actually driving. A knowledgeable Long Beach DUI attorney may be able to help you prove that rising blood alcohol led to the test being above the legal limit — and that you were under the limit while driving.
What is Rising BAC?
Our bodies process alcohol by absorbing it in our stomach and small intestine. From there, it travels into our blood and throughout our body. Our livers are responsible for metabolizing alcohol, eliminating it from our bodies. But because our livers can only process so much alcohol at a time, some remains in our blood — our blood alcohol content. As we drink, our blood alcohol level rises until it reaches a peak, after which point it begins to fall. It can take up to two hours to reach this peak, particularly if there is food in the stomach. This means that our blood alcohol level continues to rise even after we have stopped drinking.
If you are pulled over on suspicion of drunk drinking, it is entirely possible that at the time that you were driving, your BAC was below the legal limit. It takes time for blood alcohol level to rise, and the time from arrest to transport to the police station to taking the chemical test may allow your blood alcohol content to rise over .08 percent.
How Can Rising BAC Be Proved?
If a chemical test shows that your blood alcohol level is above the legal limit, there is a presumption that you were driving while intoxicated if the test was administered within three hours of your arrest. This puts the burden on you to prove that your blood alcohol content was below the legal limit when you were driving.
A skilled Long Beach DUI attorney can gather evidence from the arrest report and use expert witnesses, such as a forensic toxicologist, to establish that rising blood alcohol content was a factor in your case. The attorney could get the charges dismissed using this information, or potentially have the charges reduced. If the case goes to trial, this evidence could be presented to show that you were actually under the legal limit when driving.
DUI charges carry serious consequences in California. If you have been arrested in Long Beach, a DUI attorney is necessary to ensure that your rights are protected. Contact the Chambers Law Firm today to schedule a free initial consultation about your DUI case at 714-760-4088 or dchambers@clfca.com.
