Top Rated DUI Attorneys

 The defense of Rising Blood Alcohol is a way to challenge the results of a breath or blood test by showing the results are not reflective of the person true BAC at the time of driving.  You see, in California is the law prohibits driving when your blood alcohol level is at or above .08.  If the facts show the individual was in the absorptive state of alcohol metabolism when he was stopped it can be argued his or her BAC at the time of the test was higher then when they were actually driving.  
The defense is only viable when the evidence shows they had recent drinking, close in time to the stop.  If the last drink or drinks were consumed within 1-2 hours of the time of the stop they may still have raw alcohol in their stomach which hasn’t been absorbed in the blood stream and therefore is not a “blood alcohol concentration”.