In the initial hours following alcohol consumption, an individual’s blood alcohol concentration (BAC) experiences a gradual rise as their system begins to metabolize the substance. Consequently, a driver operating their vehicle with a legally acceptable BAC in Nevada could potentially fail a breathalyzer or blood test, which is administered later, after law enforcement has stopped them on suspicion of intoxicated driving.
A successful DUI defense strategy in Nevada could involve demonstrating that a “rising blood alcohol” level led to the defendant’s BAC test failure, even though they might have been within the legal limits while actually operating their vehicle. If an attorney can provide such evidence, the DUI charges may be dismissed.
Understanding the Rising of Blood Alcohol Levels
When an individual consumes alcohol, it enters the stomach and small intestine first and then goes through the bloodstream and reaches various organs. The liver is responsible for metabolizing and removing alcohol from the body. However, it can only process a certain amount of alcohol at any given moment. As a result, excess alcohol can linger in the bloodstream until the liver is able to accommodate more. The concentration of alcohol that remains in the blood while the liver works at its maximum capacity is known as blood alcohol content (BAC).
A person’s BAC tends to increase rapidly and reach its highest point between 30 minutes and 2 hours after drinking. (It’s worth noting that individuals who consume alcohol on an empty stomach generally experience a BAC peak later on, closer to the two-hour mark.) Over time, the liver “catches up” and continues to metabolize the alcohol, gradually reducing the BAC levels.
In essence, the process of “escalating blood alcohol levels” refers to the biological occurrence in which an individual’s BAC percentage continues to rise even after they stop alcohol consumption. It’s important to note that BAC is represented as a decimal figure in percentage terms: A person with no alcohol intake should have a BAC of 0%; after consuming a glass of wine, this number may increase to .02% or more, depending on one’s alcohol tolerance; a life-threatening BAC is typically .35% or above. To determine one’s BAC, one can either use a breathalyzer by exhaling into it or provide a blood sample for analysis.
How Does Blood Alcohol Concentration (BAC) Impact DUI Testing Procedures?
In Nevada, it is illegal for individuals to drive with a BAC of 0.08% or more. Nevertheless, it’s fairly common for an hour or even longer to pass between the time when law enforcement officials stop a driver under suspicion of DUI and the moment the individual is actually arrested, processed, and subjected to a DUI blood or breath test to determine their BAC level. As a result, these chemical tests can be unreliable, as they don’t provide an accurate measurement of the motorist’s BAC while they were operating their vehicle, but rather at a later point in time.
In cases like these, understanding the nuances surrounding how increased blood alcohol levels can affect DUI chemical tests is crucial. Consequently, we must acknowledge the inherent weaknesses of such tests that rely on obtaining readings well after an individual has been apprehended and is no longer actively driving.
A DUI suspect may have a BAC lower than the legal limit of .08% when pulled over, but due to “rising blood alcohol,” it could reach or surpass this limit by the time law enforcement administers a breath or blood test. We will provide an example to illustrate how someone’s BAC might be below the legal threshold while driving yet register above it during the chemical test. Keep in mind that this information should not be taken as legal advice and is only for informative purposes.
Imagine this scenario: A person has just left a dinner party where they consumed a few beverages. They believe they are clearly under the legal limit and safe to drive, so they get behind the wheel and head home. However, a police officer stops them for a minor traffic violation. At this point, their BAC might still be below the legal limit of 0.08%, as the alcohol takes time to be absorbed into the bloodstream.
The officer conducts some field sobriety tests and asks the driver to submit to a breathalyzer test, but the nearest device is at the police station, which is 20 minutes away. During this time, the alcohol in the driver’s system continues to be absorbed, and their BAC begins to rise. By the time the breath or blood test is administered at the station, their BAC could now be at or above the legal limit, despite being under the limit while operating the vehicle.
This example illustrates how a person’s BAC might appear higher during a chemical test, even if they were below the legal limit while driving. It’s essential for anyone facing a DUI charge to consult with an experienced attorney to discuss their case and explore possible defenses related to rising blood alcohol levels.
Establishing the Rising Blood Alcohol Defense in DUI Cases
A common strategy utilized by defense attorneys in DUI cases is presenting the rising blood alcohol defense. To successfully argue this defense, lawyers often enlist the assistance of an expert witness, such as a forensic toxicologist. These professionals analyze various factors to help demonstrate the accused’s Blood Alcohol Content (BAC) timeline. Here are four crucial elements that may indicate the defendant had a legal BAC at the time of driving:
1. Passing the Preliminary Breath Test (PBT):
An individual who passes a PBT generally has a BAC below the legal limit at the time of the test. This result may be used as evidence that the defendant’s BAC was within the legal limit when they were driving.
2. Passing Field Sobriety Tests:
Field sobriety tests evaluate an individual’s motor skills, balance, and cognitive abilities to determine if they are under the influence of alcohol. Successfully completing these tests may suggest that the defendant was not intoxicated while operating their vehicle.
3. The Two-Hour Rule:
Many jurisdictions have a rule that requires blood samples to be taken within two hours of the initial arrest. If the defendant’s BAC sample is collected outside of this timeframe, the evidence may be deemed invalid or unreliable, strengthening the rising blood alcohol defense.
4. Low BAC Results:
While not definitive proof, low BAC results can bolster the argument that a defendant was not actually under the influence of alcohol when driving. A skilled toxicologist can analyze additional variables to create a more accurate BAC timeline and support the rising blood alcohol defense.
By considering these factors, defense attorneys can build a strong case to prove the rising blood alcohol defense for DUI defendants. Expert testimonies from forensic toxicologists and a thorough understanding of the legal BAC limits can contribute to establishing this defense and potentially exonerating the accused.
Call BLG Wins Today – Get the Defense You Deserve!
The Bourassa Law Group has years of experience dealing with complex DUI cases and can provide you with a strong defense. We understand that each situation is unique and vow to provide personalized legal services tailored to your specific case.
Our team of highly skilled attorneys are dedicated to crafting an effective defense strategy that will help you achieve the most favorable outcome possible. We strive to always offer a positive client experience and go above and beyond to ensure our clients feel comfortable and confident throughout the entire process. If you or someone you know has been charged with a DUI in Nevada, don’t wait—contact The Bourassa Law Group now! Our team of experienced attorneys is ready to fight for your rights. Get the defense you deserve—call us today!