An Explanation of the Rising Blood Alcohol Defense
January 26, 2012

There are two elements to the crime of DUI in Southern California that must be proven in order for you to be found guilty. First you must have been driving and second, you must have been over the legal limit AT THE TIME OF DRIVING. One defense that your DUI defense lawyer can use to fight your DUI charge is known as the Rising Blood Alcohol Defense.

Without getting too scientific, essentially, alcohol does not metabolize into your system the instant you drink it. It takes some time. So if you have a martini, a glass of wine or a beer right before leaving a party or a house, and you get pulled over a few minutes later, you might actually be under the legal limit to drive. However, by the time you are arrested, taken down to the station, and a chemical test is taken of your blood or breath, the alcohol may have metabolized into your system and you will test above the legal limit.

The rising blood alcohol defense is also applicable at your DMV hearing as well as your criminal hearing. While it is never a good idea to answer any questions the cops ask you, telling them that your last drink was hours before being pulled over, actually works against you when trying to argue the rising blood alcohol defense. It can be difficult to prove the rising blood alcohol defense, which is why you should contact an experienced Orange County DUI lawyer to discuss your case.

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