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What is the Rising BAC Defense?

Many DUI defense strategies rely on scientific principles that challenge either the accuracy of the driver’s BAC score or other chemical evidence. The rising BAC defense is one of the most used scientifically-based defenses.

BAC Rising Over Time

The rising BAC defense is built around the fact that it takes time for alcohol to absorb into the blood. On average, it takes about 30 minutes for an alcoholic drink to fully absorb and reach its peak in someone’s system. This also means that even when someone is done drinking, their blood alcohol level will continue to rise for some time after the fact.

The rising BAC defense explains that the driver was below the legal limit when they started driving, but were over the legal limit at the time of the sobriety test because the alcohol was absorbed over time.

Factors That Affect Alcohol Absorption

It is worth noting the different factors that can affect how quickly alcohol absorbs into one’s body. Each person processes alcohol differently, but the speed of absorption can be affected by:

  • Biological sex
  • Food in the stomach
  • Medications
  • Personal tolerance
  • Weight
  • Speed of consumption

Other DUI Defense Strategies

The best DUI defense strategy for your case will depend on the details of your stop and arrest.

If the rising BAC defense is not a strong fit, your defense attorney may advise a different strategy. This could include:

  • Challenging the legality of the traffic stop or arrest
  • Challenging the accuracy of the sobriety tests
  • Arguing a lack of evidence
  • Violation of the driver’s rights

DUI Defense in Jacksonville

If you are facing a DUI charge, our team at Monroe & King, P.A. can help you determine the best defense for your case. We are passionate about protecting the rights of drivers and will fight aggressively to obtain a positive outcome. Discuss the details of your DUI case today: call (904) 474-3115.