Imagine this scenario happening in Denver: You’re at a party, or perhaps enjoying dinner with friends, and decide to kick back with a glass of wine or your favorite cocktail. “Just one,” you tell yourself. “I don’t want to be pulled over for drunk driving.”
To your dismay, though, that’s exactly what happens. And even though you’re under the legal limit when the police pull you over, by the time you reach the station, your blood alcohol content has risen.
What is a rising BAC, and how can you use it as a defense in your DUI case? Attorney Kevin Churchill explains below.
Alcohol’s Journey Through Your Body
Alcohol absorption largely happens in the digestive tract. Some of the alcohol leaves your body in your urine and breath. The rest goes to your liver and other organs.
Your liver processes alcohol to remove it from your body, but it can’t break it down all at once. The amount of alcohol that remains in your blood is called the blood alcohol content (BAC).
After a drink, your BAC steadily and slowly rises until it reaches a peak, which is where the terms “rising blood alcohol”, or “rising BAC,” come from. BAC usually peaks 30 minutes to one hour after your last drink. However, it can sometimes take up to two hours.
What Affects the Level of Alcohol in Your Blood?
Your gender and weight have a big impact on your BAC. So, too, can the type of drink.
It may surprise you to know that drinking alcohol mixed with a carbonated beverage can quickly increase your BAC. You become drunk more quickly on an empty stomach, too. Greasy and starchy foods inhibit alcohol absorption.
How Rising Blood Alcohol Content Lands You in Legal Hot Water
A rising BAC is problematic because, due to chemical test timing, you could face consequences for drunk driving even though your BAC was under the legal limit when you got behind the wheel.
If you’re pulled over on suspicion of drunk driving, the police might ask you to do a field sobriety test or take a breath test. Depending on your performance, you may be arrested and taken to the station.
At the police station, you’ll be subjected to a chemical test. Due to the rising BAC effect, the test might find that you’re over Colorado’s BAC limit of .08% for a DUI.
The Rising BAC DUI Defense
If you think you’re a victim of the rising BAC effect, a forensic toxicologist can examine the evidence and perform what’s called a “retrograde extrapolation” to prove that your intoxication levels were not above the legal limit when you were pulled over.
Based on the findings of that test, your DUI attorney may be able to have your charges lessened or dropped entirely.
Arrested for DUI? Call Churchill Criminal Defense
If you’ve been arrested for DUI and think that the rising BAC effect may have impacted your test results, reach out to Churchill Criminal Defense. Attorney Kevin Churchill exclusively represents those facing DUI charges throughout the Denver area.
For a free consultation, call (303) 832-0970.