What is the Rising Blood Defense? DUI Lawyer Los Angeles

www.ehlinelaw.com 888.400.9721 toll free: The absorptive phase of alcohol ingestion is completed before the time of testing is the major presumption of the Breathalyzer machine. A DUI defendant can make the argument that the defendant was not legally drunk at the time of the stop. He can argue that he was not driving when his blood finally rose to a .08 or higher. The prosecutor will argue just the opposite, that the blood level of alcohol was lowering and that is why you tested at less than a .08. Thus the argument is made that the blood-alcohol concentration was falling at the time of testing – and, therefore, that the level was higher at the time of driving. Even then, the argument by the prosecutor that the DUI defendant’s blood alcohol (BAC) was falling is not scientifically sound to support greater impairment. At least one DUI expert concludes that alcohol impairment is worst when the blood is rising and not falling. So faling blood means less impairment. But you need expert DUI attorneys to make this happen and get the right experts should the case need to be tried. Call Ehline Law, Los Angeles DUI lawyers at 888.400.9721.

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