FAQs - 17 - Rising BAC Defense | California DUI Attorneys

The Law Offices of Lawrence Taylor, Inc.

DUI Central

From the first meeting with Mr. Collier, to the continued contact and conclusive representation of my case, your firm successfully proved me innocent of DUI... In the event anyone should ask me about legal defense on a DUI, The Law Offices of Lawrence Taylor will be my first recommendation.

M.T., West Los Angeles

I am forever appreciative of your representation and your entire firm for defending me in this difficult case... Her invaluable expertise (knowledge/aggressive court approach) provided me with a very unexpected and optimal outcome.

M.G., Norwalk

Naturally, I was quite elated that the charges were dropped but prior to that I was equally certain that I was in the best hands possible. I would not hesitate to recommend your law firm to anyone who winds up in the same unfortunate position.

K.H., Irvine

Drunk Driving Defense, DUI Arrest - FAQs

17. Can you define a rising BAC defense?

The state of California states that it is against the law to have a high blood-alcohol concentration while driving, not at the time the chemical test is administered. Science shows that it can take between 30 minutes to 3 hours for the alcohol to be absorbed into the system. With this in mind, a suspect's BAC could continue to rise after he was stopped and arrested.

Typically, there is an hour gap between the time the suspect is arrested, and when a chemical test (blood, breath, or urine) is administered. Perhaps the test result showed a .10% BAC. If the alcohol was still being absorbed into the suspect's system since the arrest, this could mean he only had a .07% BAC while he was driving. Basically, although the test result showed an illegal BAC, the suspect’s true BAC while driving was still legal.

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