The Law Office of Blackie Burak

Alcohol Level Rising Arguments


Napa-County-Creek-DUI-law-firm5-300x150One of the more complex defenses that a Napa County Creek DUI law firm may explain to you is that of the rising blood alcohol defense. This defense is based on pinpointing what your blood alcohol level really was at the time that you were driving, rather than at the time that the test was conducted.

Physiological Information

The Napa County Creek DUI law firm that represents you may discuss how your blood alcohol level may rise as alcohol makes its way through your digestive system and into your bloodstream for a certain period of time after you consume alcohol. This period of time is referred to as the “absorption phase.” After this point, the alcohol level remains balanced and then falls as your liver breaks it down. When your blood alcohol content falls, you have entered the elimination phase.

Legal Argument

Equipped with this information, your Napa County Creek DUI law firm may further explain the legal argument behind this information. If your blood alcohol level was rising when you were tested, this means that your blood alcohol content would have been lower when you were actually driving. This information may be used to convince the jury that you were not at the requisite BAC in order to be found guilty of the offense. Corroborating testimony can strengthen this argument, such as strong performance levels on field sobriety tests and testimony that you were drinking immediately before the stop.

If you would like to discuss the possibility of raising this defense, contact Napa County DUI lawyer Blackie Burak at 1-866-BLCKDUI.

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Professional & trustworthy DUI & Criminal Defense Lawyer Blackie Burak, Esq. defending your rights.