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Rising Blood Alcohol in Darien DUI Cases

In a Darien DUI case, rising blood alcohol refers to the scientific principle that as alcohol is absorbed in a person's bloodstream; the person's BAC is going to rise for a certain amount of time.

Typically, a person’s blood alcohol content will be at its highest anywhere between an hour and two hours after the person consumes alcohol. Many scientists feel that it is right around the hour-and-a-half mark.

To determine how to use that as a defense in your DUI case, be sure to consult with an experienced attorney immediately. A DUI lawyer in Darien can evaluate the element of rising blood alcohol in your Darien DUI case and determine how to use it to help produce a successful outcome on your behalf.

Gathering Evidence

When an attorney is preparing a defense against rising blood alcohol in a Darien DUI case, an attorney will want to have all of the timing of any BAC test that happened as well as the last time the individual consumed the alcohol.

There is always at least a possibility that if the BAC test was taken close to two hours after the person stopped consuming alcohol, it will be at its highest.

For example, if the person finished consuming alcohol, drove, and then did not get the BAC test until two hours later, it is possible that the BAC was higher at the time it was tested than it was when the person was driving. An attorney looks at the timeline as well as the actual BAC amount.

Preparing a Defense

An individual’s rising blood alcohol content in their Darien DUI case can be used as a defense if the BAC test is taken between one and two hours after operation, and if it is a BAC that is close to the legal limit.

For example, if the test was taken an hour and a half after and the BAC was around 0.08, 0.09, or something that is close to the 0.08 limit, that is the case where it is going to be the most effective.

Juror’s Perspective

In the case of jurors, who are tasked with finding a person guilty beyond a reasonable doubt, and the fact that the individual’s BAC might have been below the legal limit at the time they were driving, often gives the juror enough reasonable doubt to not want to convict the person.

Jurors also find this persuasive because oftentimes, the defense will have to get an expert, like a toxicologist, to testify and explain this rising blood alcohol defense to the jury. Because they are a medical professional, a lot of jurors tend to give their testimony a lot of weight.

Experienced attorneys could know and have a good relationship with an experienced expert to testify. Usually, that person will be a toxicologist, and if they are experienced, they will know in what circumstances this defense is actually relevant—for example, when it is further along that the test is conducted and the BAC is close to the legal limit.