What is a Rising BAC in a PA DUI Case?

Facing DUI charges in Pennsylvania can be daunting, especially if you feel like you were unjustly arrested. Working with an experienced DUI attorney may make the difference in keeping your license or facing harsh DUI-related consequences.

What is Rising Blood Alcohol Concentration (BAC)?

Rising BAC, or rising blood alcohol concentration, occurs when a person’s BAC continues to increase even after they have stopped drinking.

This phenomenon can affect DUI cases, particularly if there is a delay between when a driver is pulled over and when a BAC test is conducted. During this time, a person’s BAC may rise to levels above the legal limit, even if it was below the limit while they were driving.

How Alcohol is Absorbed and Metabolized in the Body

Once consumed, alcohol is absorbed in the stomach and small intestine and then enters the bloodstream.

It travels to various organs, including the brain, which causes impairment. Most alcohol is processed by the liver, but because the liver can only handle a certain amount of alcohol at a time, the rest remains in the bloodstream, leading to intoxication.

It typically takes 30 minutes to two hours for BAC to peak after a person’s last drink, and various factors, such as body weight and food intake, can affect how quickly this process occurs.

What Other Factors Affect Rising BAC?

In DUI cases, delays between driving and BAC testing are common. Officers may need to transport the driver to a police station, or the driver may be asked to perform field sobriety tests before the chemical test.

Pennsylvania law allows for breath or blood tests up to three hours after driving, and this gap can allow BAC to rise significantly.

Variables Affecting Rising BAC

Certain factors affect how quickly alcohol is absorbed and metabolized:

• Body weight and body type
• Gender
• Whether the person ate before drinking
• Drinking speed and alcohol tolerance
• Medications or health conditions (such as GERD or acid reflux)

These variables mean that even two people who consume the same amount of alcohol can have very different BAC levels.

How Rising BAC Affects a Pennsylvania DUI Case

Rising BAC can create a significant challenge in DUI cases. If a driver’s BAC was below the legal limit when they were driving but rose above it by the time of testing, they may be unjustly charged.

Pennsylvania law sets the legal limit at 0.08%, but BAC testing delayed by even a short period can show higher levels due to the rising BAC effect. This is why it is essential to understand the implications of rising BAC on a DUI charge and how it may impact a fair assessment of the driver’s impairment.

Proving Rising BAC in Court

Demonstrating a rising BAC defense in court requires a clear timeline of drinking and testing.

By establishing that there was a significant delay between when the driver stopped drinking, was pulled over, and when the BAC was measured, it may be possible to create reasonable doubt about the accuracy of the BAC at the time of driving.

The Rising BAC Defense: How It Works

For the rising BAC defense to be effective, certain conditions must be met:

• Near the Legal Limit: If the driver’s BAC was at or just above 0.08%, it is more likely that rising BAC could explain the increase over the limit by the time of testing. If the BAC is much higher, this defense becomes less viable.
• Significant Delay in Testing: If there was a gap between being pulled over and the BAC test, it strengthens the case for a rising BAC defense. For example, if the driver had to wait until reaching the police station for testing, this delay could be enough to raise BAC levels.
• No Clear Signs of Impairment: If the driver was not showing clear signs of intoxication, such as slurred speech or erratic driving, this can support the argument that their BAC was initially below the legal limit.

Challenges in Using the Rising BAC Defense

While the rising BAC defense can be effective, it also presents challenges. Prosecutors may argue that the driver’s BAC was already high enough to exceed the legal limit at the time of driving, regardless of rising BAC.

Additionally, the defense requires substantial evidence, such as testimony from a forensic toxicologist, to convince the court that the BAC rose after the driver stopped driving.

How a DUI Defense Lawyer Can Help You

If you have been charged with DUI in West Chester or Chester County, a skilled DUI defense lawyer like Michael Skinner can help you explore all available defenses, including the rising BAC defense.

Attorney Skinner can examine the specific details of your case, including the timeline of events, any delays in testing, and the factors that may have influenced your BAC.

Call the Skinner Law Firm Today

An experienced attorney knows how to build a strong case by gathering evidence, such as testimony from expert witnesses, to demonstrate that your BAC may have been below the legal limit when you were driving.

Attorney Skinner will work to create reasonable doubt and fight for the best possible outcome, whether that is a reduction in charges or an outright dismissal.

To discuss your case and understand your options, contact the Skinner Law Firm for a free consultation or call (610) 436–1410.