Rising BAC as a Defense

Aggressive Defense from Your Bakersfield DUI Attorney

At Campbell Whitten, our firm is committed to protecting the rights of our clients, especially when the evidence of drunk driving that got them charged is not an accurate assessment of their actual BAC or level of intoxication when they were driving.

The Science Behind a Chemical Test

Scientifically, it takes between 30 to 90 minutes for alcohol to be absorbed into an individual’s blood stream from their stomach. If you consume alcohol before driving and you get pulled over, you will generally not be tested for another 30 minutes or more. Your BAC is often lower when you were driving than when you are tested.

Additionally, the alcohol in your stomach does not necessarily impair your driving; it is only after that alcohol is diffused into your bloodstream that you may be impaired or over the legal limit. The amount of food in your stomach, how much alcohol you consumed, the speed at which you drank, and - believe it or not - even your age, gender, and ethnicity are just some of the factors that can effect the rate of absorption of alcohol into the bloodstream.

In some cases, Campbell Whitten can make the argument that your blood alcohol content (BAC) level was as high as it was because it was going up while being tested. Your BAC is going to be increasing until it is fully absorbed into your system, and therefore, your BAC reading will likely appear higher than the actual measurement.

Your Next Move Could Make All the Difference

Our Bakersfield DUI lawyers at Campbell Whitten can walk you through each step of your case and fight for the results that you deserve. In a DUI case of this kind, the timeline is an essential element of your defense.