Rising Blood Alcohol Defense to DUI Charges

Once ingested, alcohol is constantly absorbed into, and eliminated from, the body. The entire process of absorption, distribution and elimination can demonstrated on the chart below.

The left portion of the curve is the absorption (or "rising") side, showing an increase in concentration over time. Absorption takes place at a variable rate, depending on a numerous factors include:

• The amount of food in the stomach.

• The alcohol concentration of the drinks consumed.

• The rate of consumption.

• The ratio of muscle mass to fat.

The concept of a rising blood alcohol level is important to a DUI case because the person will generally have a lower blood alcohol concentration during the absorption phase than at the time of the chemical test, which is taken much later.

If the chemical testing was taken earlier when the person is at peak alcohol level, the blood alcohol level will test higher than it was earlier during absorption. All of this means that a person may not have been over the legal limit at the time of driving and therefore may have a defense to their DUI charges.

Scott Hughes is a DUI and Criminal Defense Attorney in Orange County, California.