If you are charged with a DUI, you may be wondering whether you should try to fight the charge or simply plead guilty and move on. If you plead guilty to a DUI, or are convicted of the charges, your life can change. You can be fined thousands of dollars, face jail time, be forced to attend and pay for alcohol education classes and find yourself with a criminal record that you must disclose to employers. You can also lose your license, and the cost of your car insurance can increase for up to ten years once you do get your license back. If you are charged with a DUI, or driving under the influence, there are many defenses that can be used to help get your DUI charges reduced or dismissed, which can help you avoid these negative consequences. One of the defenses that may be raised is the rising blood alcohol defense. If you have never heard of this, you may have questions about what it is and how it can be used as a defense. Here is some information you may want to know if you are charged with a DUI.
What is the Rising Blood Alcohol Defense?
The rising blood alcohol defense is one of the defenses that can be used to get your driving under the influence charge reduced or dropped. When you have a drink, it takes alcohol time to be absorbed and work its way through the body and into the bloodstream. Depending on your height and weight and how many alcoholic beverages you have consumed, your blood alcohol level will continue to rise for 45 minutes to three hours after you have consumed a drink. Unfortunately, it can take a police officer awhile to do a blood alcohol test if you fail a field sobriety test. During this time, your body may absorb more alcohol, raising your blood alcohol level higher than what it was when you were actually behind the wheel and driving. If your blood alcohol content level was borderline, and time lapsed from the time you were pulled over until the time your blood was tested, this defense may be raised.
How Can a DUI Lawyer Help With This Defense?
Proving a rising blood alcohol case is not as clear cut as it may seem. As such, you may want to consider hiring a DUI lawyer to assist you with your case. A DUI lawyer will likely lay out the timeline of events, relying on surveillance systems in the bar and the time you paid your tab to establish a timeline. From there, they will subpoena evidence from the officer that arrested you, detailing what time you were pulled over, what you were pulled over for, what the results of a field sobriety test were and what your breathalyzer test indicated. A lawyer will then call into question how long it took the police agency to draw blood from you and whether your blood alcohol level would have risen as your body absorbed more alcohol. If needed, they can call medical professionals to the stand to explain to a judge or jury how this happens and what your blood alcohol level may have been at the time you were actually driving.
If you are charged with a DUI, getting the charges reduced or dismissed can save you a lot of money. However, doing so is not always easy. A DUI lawyer can help you find the best possible defense based on the circumstances surrounding your case. One of the defenses they may use is the rising blood alcohol defense. Learning about this defense will help you understand what it is and whether it is applicable in your case or not. Check it out at the site of a DUI lawyer near you.