Reader’s Question:

I’ve been keeping myself constantly updated with the latest updates and developments about DUI, especially the defenses because I have once been wrongfully accused of the said offense in Bellingham, Washington but the charge was dismissed. I’ve heard so much about this rising blood alcohol level. What does rising blood alcohol level mean?

Emma

Bellingham, WA

It’s nice to know that your DUI charge in Bellingham, Washington had been dismissed if you were not really driving under the influence. Well, to answer your question, rising blood alcohol level is one the defenses being used in a DUI case. This means that a person suspected of DUI may have different blood alcohol content (BAC) reading that what it really is. For example, a person suspected of DUI can blow a .15 percent at the police station, but have had a .07 percent BAC when he got pulled over. This is because alcohol takes an average of 50 minutes, but can take as long as three hours, to absorb fully into your bloodstream and create the peak blood alcohol level. This is very critical if the DUI traffic stop occurred relatively soon after the person finished drinking.

The BAC was probably still rising when the person blew in the machine which means that even if the BAC was above .08 person when the blood draw or breath test occurred at the police station (or hospital), it may well have been below .08 percent when the person was actually driving. There is no law against having a BAC above .08 percent at a police station; it’s only the BAC level while actually driving that counts for DUI purposes.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer