What Is a Rising BAC Defense?

What Is a Rising BAC Defense?

For a police officer to charge an individual with a DUI, they may conduct a test that measures the blood alcohol content (BAC) in an individual’s system. If the driver’s BAC content is 0.08% or higher, the person is considered intoxicated, and driving while under the influence. Unfortunately, there are a few flaws when it comes to measuring a person’s BAC levels.

Not only does the rate at which alcohol absorbs from the body depend on the individual, but other factors like body weight and assigned gender can drastically increase your BAC. Contacting a DUI attorney for legal guidance is essential when you are charged with a DUI in Maryland. A legal representative will have the necessary resources and knowledge of defense strategies to help reduce the likelihood of high penalties and unfair treatment.

What is Rising Blood Alcohol Content?

A rising blood alcohol content refers to a legal defense that challenges a person’s BAC level by showing how long it takes the body to metabolize alcohol fully. There are many contributing factors for alcohol absorption into the system. After someone consumes alcohol, a peak occurs in the concentration of alcohol in the body between 30-45 minutes after it’s consumed.

However, the rate at which alcohol absorbs and reaches its peak depends on the person and can even last two to three hours after consumption. If an officer pulls a person over and their BAC is on the rise, they can face a DUI charge with severe consequences. Facing a DUI charge can seriously affect freedoms and rights like job applications, child custody, and gun rights. Having an experienced DUI attorney at your side can help use the rising BAC for your defense.

What Are Some Factors that Affect Alcohol Absorption?

A person’s liver can only metabolize a certain amount of alcohol at a time, and until it can take more in, the rest of the alcohol is stored in the blood. For example, a lower body mass means there is less water and more alcohol in the bloodstream. These factors can significantly affect your sobriety when consuming alcohol. There are a few other factors that one should consider when understanding the rate at which alcohol absorbs into their system.

  • Metabolic rate
  • Type of drink consumed
  • Drug interactions
  • Any illness or fatigue
  • Whether you ate before you drank
  • How quickly the drink was consumed
  • Body type and percentage body fat
  • Assigned gender at birth
  • Functional tolerance for alcohol
Once a person’s BAC reaches its highest point, there will be a slow decline. This can last between 30 minutes to two hours, depending on the factors above. If you are pulled over as your BAC level increases, you may be charged with a DUI even though you may feel sober. Discussing these factors with an attorney can significantly help plan your defense.

Contact An Experienced Maryland DUI Lawyer

When you’re out with friends or enjoying drinks with coworkers, you may unexpectedly drink more than you anticipated. While you feel sober enough to drive and you drank over an hour ago, your BAC can be higher than 0.08, and you may be charged with a DUI. A DUI charge can affect your job, relationships, and reputation. Making sure you have a dependable DUI attorney is essential for challenging the DUI.

At the Law Office of Hillel Traub, Attorney Hillel Traub has years of experience advocating for the rights and interests of clients across Maryland. Our firm is passionate about offering accessible and dependable legal services, so clients feel prepared for their case.

Call (410) 580-1100 or fill out our contact form to schedule a free consultation.

Categories : DUI