Rising BAC Defense in an Ohio DUI Case
How Does Rising BAC Happen?
People believe that the more you drink the drunker you get. Well, this is not exactly how it works. You actually continue to get drunker even once you stop drinking. As you drink your body immediately begins to absorb the alcohol. This process happens slowly. Your stomach starts to digest the alcohol and then it gets absorbed through your bloodstream. It is not until it reaches your bloodstream that you begin to feel the buzz or tipsy. The alcohol will remain in your blood and you will remain intoxicated until the liver breaks it all down. This could take hours. So, you will continue getting drunk after you stop drinking. There are also factors that could also make it take longer for your body to absorb the alcohol. One such factor could be eating while your drinking. Your digestive is so full of food that it takes longer for it to absorb the alcohol.
What Is A Rising BAC Defense?
BAC refers to blood alcohol content. The gist is that while your BAC level was over the legal limit, 0.08%, your BAC while you were actually behind the wheel could have been below the legal limit, meaning you’re not guilty of an OVI. Your BAC continues to rise for about two hours until it reaches its peak level.
Prosecutors tend to assume that everyone is beyond their peak absorption phase when chemical testing is done. However, that this isn’t always the case and rising blood alcohol is a very legitimate DUI defense. This rising blood alcohol defense applies to both DUI blood testing and DUI breath testing.
What Are Factors That Affect How Body Absorbs Alcohol?
Everyone processes alcohol differently. There are many factors that affect the rate of absorption including but not limited to:
- the type of alcohol consumed;
- Age;
- Gender;
- Weight;
- whether you had food in your system;
- your fatigue level;
- medications taken;
- your current mood.
The thing most people do not realize is that by the time you actually feel drunk, you are intoxicated beyond the legal limit.
How Can “Rising BAC” Help Me?
Operating a vehicle under the influence of alcohol or drugs – OVI is governed by Ohio statute 4511.19. This Code states that it is illegal to operate a vehicle if your BAC level is 0.08% or higher.
The key to your defense is the amount of time between when you were pulled over and when your BAC was tested. The longer you had to wait, the higher the chances are the results are inaccurate. This defense is best used when you had a few drinks shortly before you got behind the wheel.
To have the best defense you need an experienced DUI attorney. If rising BAC appears to be relevant, then they may bring in a toxicologist to explain why and how you were actually not intoxicated above the legal limit when you were pulled over.
What Can I Do To Help My Case?
There is very little you can do to help besides contacting an attorney. But there is one VERY important thing that you can do, and that is to help us find evidence that supports your story. Keep any receipt you may have from that night. Give us names and numbers to any eyewitness that saw you right before, or when, you entered your car. Depending on your case you could have further evidence that would help.
Whether it is you or someone you love facing the charge, we are here to fight the allegations. We want to keep you out of jail and help you move on with your life. We are ready and willing to take on the case right away. We will provide effective legal representation on your behalf. Our firm will do whatever is necessary to get the charges reduced or even dismissed. If the rising BAC defense does not fit your case, there are other defenses to look at. Contact our firm today.
ATTORNEY KELLY FARRISH
Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]
"His years of experience and knowledge were clearly evident and un-refutable. From the moment we met him we had absolutely no doubt that we had complete professionalism at our service and we could not have chosen a more qualified attorney."
"I had a number of charges and ended up getting acquitted of all of them. I truly believe his knowledge and persistence is what got me through this case. I am very grateful and highly recommend him for his services."
"I highly recommend Mr. Farrish. He is very thorough and is well liked by all of the courts. A genuine attorney and you couldn't find a better in the area."
"The absolute best DUI lawyer in the tri state. Just short of a miracle worker"
Did you know there’s no real difference between the terms DUI, DWI, OMVI, and OVI? Ohio’s used all of these acronyms at one point or another in our history. Check out the timeline below and what they stand for here![...]
