What Is a Rising BAC Defense?

Published On - January 29, 2015

Dinah Michael DUI

If you are currently facing charges for driving under the influence in the State of Tennessee you are undoubtedly concerned about the outcome of your case. Specifically, you are probably worried about the impact a conviction will have on your life and your future. A conviction, after all, can mean facing a number of negative judicial and non-judicial consequences. Contrary to what the police and the prosecuting attorney would like you to believe, however, an arrest does not always equal a conviction. In fact, there are a number of common defenses that are used in a driving under the influence, or DUI, prosecution, including the “ rising BAC defense ”.

In the State of Tennessee it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. This is why suspects charged with DUI are asked to consent to a chemical test after they have been arrested. The chemical test is used to determine what a driver’s BAC level was while driving the vehicle. Despite what people are led to believe, the chemical test itself is not infallible. Furthermore, even if the test results are accurate, they don’t always accurately indicate what a motorist’s BAC level was at the time he or she was operating the vehicle. This is precisely what the “rising BAC defense” is based on and why it can be a successful defense.

When you consume alcohol, the alcohol is eventually absorbed into your bloodstream. This, however, takes a significant amount of time. For the average person it takes as much as 45 minutes to an hour for alcohol to completely absorb into their bloodstream. This is relevant when you consider the fact that a chemical test is often taken at least 30 minutes after the suspect was operating a vehicle. If, for example, the results of your chemical test show a BAC level of 0.09 and you consumed alcohol right before getting in your vehicle to drive, it is possible that your BAC level was considerably lower than 0.09 at the time you were operating the vehicle. When that is the case, your attorney may be able to successfully argue that you were not driving with a BAC level of 0.08 percent of greater and, therefore, were not in violation of the law.

If you have recently been arrested for driving under the influence in Tennessee it is imperative that you consult with experienced Tennessee criminal defense attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment and discuss your defense.

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Dinah Michael
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