Maryland DUI Rising Blood Alcohol Defense

DUIs are often viewed as very cut and dry. An individual consumed a certain amount of alcohol, and then made the decision to drive, despite their inebriation. However, that is not always the case. Rising blood alcohol is a theory. The theory is that at the time a person is stopped, they are assessed by an officer, they undergo field sobriety tests and observations, and during that time, time is literally moving. If a person had a drink recently, the concept is that by the time they get back and take a breath test, their score could theoretically go up. That is when it could be valuable for a person and their attorney to consider a Maryland DUI rising blood alcohol defense. A skilled DUI trial lawyer could implement the rising blood alcohol defense in an attempt to fight for an individual and build their case.

Points to Argue When Raising a Rising BAC Defense

A person can argue with the court that their BAC level could have been considerably lower at the time they were stopped as opposed to when they are at the station, taking a breath test with the intoximeter. It is a successful argument if a person did perform very well on the test, that their higher level at the station is not indicative of the officer’s observation.

The inconsistency of these tests is also a valid argument.That takes a little bit of argument, and the officers are bound to get a breath score within two hours. The closer they get to that full two hour period, then the longer time it is between them doing the field testing and the actual breath test. It is very reasonable and logical that a person’s alcohol is going to go higher, and that could be a distinct difference between what could be 0.08 or lower or 0.15 and lower. In Maryland, it is not even just 0.08 that is the issue. It is 0.07, 0.06, even to 0.05 because impairment is not the 0.08, it is underneath it.

When is a Person’s BAC Highest?

Blood alcohol content depends on how much the person has to drink, what they have to drink, and when they drink. The attorney is looking at things that could attribute to the level changing, and if a person had a shot before they got behind the wheel of a car, before drinking and getting into their car, they may not feel anything.

However, if someone feels like they are alright to drive,  and that is maybe their second or third drink but that is the one that puts them over the limit, the body may still be working on digesting the dinner and prior drinks. Their body is still breaking that stuff down, so this shot hits a little bit later. Alcohol affects people differently, but 10 or 15 minutes to 30 minutes are distinctly different points of time. That can be the difference between when someone is observed and they go to take a station test for their breath.

Evidence When Preparing a Rising BAC Defense

With regards to using a Maryland DUI rising blood alcohol defense, one of the first things that an attorney might look at is the windows of time that the rising levels can affect. Other important factors are the person’s size, their body weight, when they stopped drinking as opposed to when they stopped consuming any food throughout the day, and other factors.

It is not always a good strategy to say inform a judge that the individual may have had something and drove, but they managed to pass sobriety tests and would have been fine if law enforcement had not held them for an extra hour. While it is a logical argument, it does not instill good faith in the judge and jury because they are admitting to drinking before driving.

Instead, a lawyer can substantiate their argument with medical information and documentation, scientific evidence that shows why someone’s body reacts to alcohol in different ways over time and how that breakdown could be much more significant for one person than for another.

When Can Maryland DUI Lawyers Use Rising Blood Alcohol as a Defense?

It can be beneficial for DUI attorneys to use a Maryland DUI rising blood alcohol defense when they have someone get a BPT at a roadside and it comes back with a distinctly low level but the police still make the person take a formal breath test. The argument problem is that BPT is inadmissible in court anyway. The tests are not reliable. If a defendant’s field tests are fantastic, then an attorney should not have too much difficulty filing motions to suppress the evidence. Especially, if there is no other indication that there was alcohol present. A qualified DUI attorney could build a solid defense for an individual.