I often get questions from persons asking what is a “rising blood alcohol (BAC) defense”?
It is a valid & reasonable defense that likely covers so many San Diego DUI arrests.
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING — not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested.
In San Diego DUI cases people live relatively close to where they may have had a drink. This is not Los Angeles where someone may be driving 40 minutes to get home. Often, someone is enjoying their drinks within 10-15 minutes from their home. For example, a person finishing a drink or two In Pacific Beach may have just finished their drink and is now heading home to Clairemont. The police stops them not too long (usually on Grand Ave or just on I-5 near Sea World) after they left where they may have drank.
Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%. In other words, the test result shows a blood-alcohol concentration above the legal limit — but his actual BAC AT THE TIME OF DRIVING was below .08%.
This defense needs to be examined in every San Diego DUI case. If that is what happened it needs to be presented to the prosecution immediately.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation.