NATIONALLY RECOGNIZED FEDERAL LAWYERS
Understanding the Rising Blood Alcohol Defense in Chicago DUIs
|Last Updated on: 1st October 2023, 10:08 am
Understanding the Rising Blood Alcohol Defense in Chicago DUIs
Getting arrested for a DUI in Chicago can be a scary experience. The legal limit for blood alcohol content (BAC) is 0.08%, but even small amounts of alcohol can lead to an arrest if you show signs of impairment. Many people charged with DUI are surprised that their BAC was higher at the police station than when they were driving. This phenomenon is known as the “rising blood alcohol” defense. Keep reading to understand how it works and when it may apply to your case.
What is the Rising Blood Alcohol Defense?
The rising blood alcohol defense argues that your BAC was actually below the legal limit when you were stopped by police and driving. However, it rose to an illegal level by the time you took the official breathalyzer test at the station. This can happen because it takes time for alcohol to be fully absorbed into your bloodstream after drinking. The body continues metabolizing alcohol for 30-90 minutes after you finish your last drink. So it’s possible to be under 0.08% BAC while driving, but blow over the limit later on the breath test machine.
Why Does Blood Alcohol Level Rise After Drinking Stops?
There are a few reasons why BAC goes up even after someone stops drinking:
- Absorption rates vary – Alcohol takes longer to absorb for some people based on their size, gender, and other factors.
- Food can delay absorption – Eating a big meal before/while drinking slows down the absorption process.
- The body keeps metabolizing alcohol – Liver enzymes don’t shut off right away when drinking stops.
Because of this, your BAC may continue to creep up for 30 minutes or more after your last sip. This allows a rising BAC defense if you get pulled over shortly after your last drink. Your attorney can argue you were under 0.08% when driving even though you blew a higher number later on the breath test machine.
When Does the Rising Blood Alcohol Defense Apply?
The rising BAC defense may be used when:
- You had your last drink shortly before driving
- You were stopped by police within 30-90 minutes of your last drink
- Your test result at the station was at or slightly above the legal limit (0.08 to 0.10% BAC)
If there was a significant gap between your last drink and the traffic stop, your BAC would have already peaked before you were driving. In that case, a rising blood alcohol argument won’t apply. This defense also may not work if you registered a very high BAC (above 0.15%) on the breath test machine. The gap between driving BAC and testing BAC probably wouldn’t account for such a high result.
Using Expert Witnesses to Support the Defense
To successfully argue rising blood alcohol in court, your DUI lawyer will likely need testimony from an expert witness. This is usually a forensic toxicologist or other scientist who can analyze your alcohol absorption rate. Factors like your weight, gender, food intake, and timeframe of drinking all affect the rate of absorption. An expert can use these to estimate your actual BAC while you were driving compared to the later breath test.
Expert testimony is crucial to explain the science behind rising BAC. It shows the jury there’s a scientific basis for your defense. The expert doesn’t have to prove your exact BAC, just show it was plausibly below 0.08% when pulled over based on alcohol absorption principles. This creates reasonable doubt about your guilt at the time you were driving.
Other Defenses Used With Rising Blood Alcohol
Some other common defenses used alongside rising BAC arguments include:
- Faulty breath test machine – Machines can be improperly calibrated or maintained, producing incorrect results.
- Mouth alcohol – Burping, vomiting, or acid reflux causes alcohol in the mouth to skew breath test results.
- Medications – Some meds like inhalers contain alcohol, potentially affecting breath test results.
An experienced DUI lawyer will look at all potential defenses that could create doubt around your breath test results and impairment. The goal is to attack the prosecution’s evidence through every possible angle.
The Importance of a Quick DUI Defense
If you want to fight a DUI with a rising BAC defense, timing is critical. Your lawyer needs to start investigating and demanding evidence like breath test records immediately. Any delays give the prosecution more time to poke holes in your defense. Act quickly to get a head start mounting your rising blood alcohol argument and finding experts who can credibly support it in court.
Don’t go through a DUI charge alone. An experienced Chicago DUI attorney can evaluate whether a rising BAC defense fits your case. Reach out for a free consultation to discuss your options and start crafting your defense today.
References
Learn more about rising blood alcohol defenses and DUI laws in Illinois: