Dui Defense Attorney
What is a “rising BAC defense”?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.
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%.
Should I agree to take a chemical test? What happens if I don’t? Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are three adverse results:Your driver’s license will be suspended for a period of time, commonly three, six or twelve months.
This may be true even if you are found not guilty of the DUI charge; in California, the suspension for a refusal on a first offense is one year. In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense. The fact of refusal may be introduced into evidence as “consciousness of guilt”. Of course, the defense is free to offer other reasons for the refusal.