The reason that people get arrested for drinking and driving is due to the concentration of their blood-alcohol level. In all states, the limit is set at 0.08%, and this refers to the blood-alcohol concentration (BAC). The problem is that when you drink, your BAC level can increase and decrease. This is important to know, simply because of the timing of when the police perform a breathalyzer compared to the time you were actually driving. Here are several things to know about rising BAC levels and DUI charges.
How BAC levels change
The level of alcohol in your blood changes for several reasons. First, it changes as you consume alcohol. The alcohol you drink does not instantly register in your blood. In fact, if you got tested right after drinking a beer, the level might be really low in your system, if it is even present at all. After an hour or so, the level might rise, though. Additionally, the way the alcohol registers in your blood will also be affected by your eating habits at the time. If you just ate food, it may lower the BAC level. If you were drinking on an empty stomach, though, it could lead to an increased BAC level, simply because you were hungry and needed food.
How timing matters
Timing of breathalyzers can affect the results of whether or not you pass a breathalyzer. If, for example, you get pulled over, there is a chance that your BAC level might be under the legal limit at the time the officer pulled you over. If the officer waits an hour before testing you, though, your BAC level could rise. If this is the case, there is a good chance you might not have been doing anything illegal at the time you were actually behind the wheel of your car driving.
Fighting your charges based on rising BAC levels
A lot of people who have DUI charges will fight their charges, and this is simply one defense strategy that people will use for this purpose. If you suspect that this defense will work, talk to your lawyer about it to find out more.
If you think that you could use this argument in your case, talk to a DWI attorney about your case. Your lawyer can assist you with your charges and may be able to help you fight them with this defense or with another one.
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