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Rising Blood Alcohol Content As A DWI Defense

Understanding Rising Blood Alcohol Content (BAC)

When you drink alcohol, your blood alcohol content (BAC) slowly starts to rise.  That’s common sense. What many people don’t realize is that you don’t stop getting drunk immediately after you stop drinking.

Alcohol Absorption

Alcohol absorption begins the moment you start drinking, but it is a slow process. It begins in your stomach and intestines and is eventually absorbed into your bloodstream.  Soon after, you start to fee alcohols effects.

Once alcohol is in your blood, you will be intoxicated until your liver can break down the alcohol.  This process takes far longer than it takes to get drunk.

Why is this important to know?

Basically, you keep getting drunker AFTER you stop drinking.  Your body continues to absorb alcohol for approximately two hours after your last drink.  For the average person, that means your BAC will rise about 0.02 percentage points per hour after you stop drinking.

What Does Rising BAC Mean to You?

The longer it takes to test, the higher your BAC will be when the test is finally administered.

Texas is a “time of driving” state, meaning it matters what your BAC was at the time you were driving, not the time the BAC test was administered.  The time difference between the two events could mean that, even though you tested over 0.08%, your BAC may have been below this amount while you were driving.

How Can Rising Blood Alcohol Content Help Your DWI Case?

If there’s a chance that rising BAC was a factor in your DWI arrest, you could have a strong defense for your case. However, it is important to know that this type of defense won’t work in every DWI case.

Important factors to consider:

  1. Was there a time lapse between being stopped and when the BAC test was administered?
  2. Was your BAC is close to the legal limit (0.08 to 0.11% BAC range)?
  3. Were there others signs of intoxication, such as swerving, slurred speech, etc.

Contact Houston DWI Lawyer Clyde Burleson

The best way to find out if a rising Blood Alcohol Content defense could work in your case is to talk to an experienced DUI lawyer.  Contact Clyde W. Burleson, P.C. at 713-628-1503 and have him lead your DWI defense, effectively communicate the process, walk you through your options, and get you the best result possible.

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