What is a “Rising BAC” Defense to DUI?

One of the trickier defenses available under certain facts is the “rising BAC” defense.  It is tricky because one has to agree in large part with the police report and then use an expert who a jury may trust or find confused.  It happens when one is arrested for DUI and the BAC is over the legal limit or at the legal limit, but the theory is that when the client was driving 15 minutes, 30 minutes or an hour earlier, his blood alcohol content (BAC) was below the legal limit because it increased or rose after the traffic stop, usually due to the client drinking just before driving and then being stopped soon thereafter.  Click on the following article to read more about this defense –http://www.greghillassociates.com/lawyer-attorney-1903600.html.

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