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Darien DUI Rising Blood Alcohol Defense

Darien DUI rising blood alcohol defenses can be critical to pursuing a desirable outcome for your case. It may be critical to speak with an experienced DUI attorney about planning your defense before trial.

What Does it Mean to Materially Affect a Breath Test?

Breath tests and breath errors have occurred in cases where a cough syrup, mouthwash, or mouth spray materially affected a breath test to a point where it produces very misleading BAC results during a Stamford Connecticut DUI/DWI arrest. It is important for a skilled DUI lawyer to make that distinction and try to prove to the court that it was actually a breath issue not a blood alcohol content issue.

The proper administration for a breath test is critical. That is why the police and the police video surveillance of the administration of the breath test must be examined very carefully by a lawyer. The lawyer wants to make sure that the police comply with the test protocols and with all the rules regarding administering the blood and the BAC breath test so they are able to get an accurate and admissible BAC reading.

Defining Rising Blood Alcohol

That is the medical theory that says that between the times a person stops consuming alcohol and two hours later, as the alcohol gets absorbed in the person’s blood their blood alcohol content rises even though they have stopped consuming alcohol at that point.

Someone’s highest blood alcohol level can vary from person to person, given what they have eaten, how big they are, and that kind of thing. Typically, it is somewhere between half an hour to an hour and a half after they have stopped consuming alcohol that it will be at its highest.

Expert Witnesses Testimony of Evidence

Almost always, a Darien DUI rising blood alcohol defense attorney will retain an expert witness who can explain what the blood alcohol content was at the time of operation.

DUI Blood Level Defenses

In cases where the blood alcohol test was not given until an hour and a half to two hours after operation, the defense attorney can have an expert testify that the actual test results were higher than what the person’s BAC would have been when they were operating the car.

This Darien DUI rising blood alcohol defense is seen as persuasive by judges and jurors because it is scientifically and medically backed up with a lot of research, an expert can say definitively that the BAC would have been lower. Judges and jurors usually accept a medical or science professional explaining how it works to them.

An attorney can help an individual with their Darien DUI rising blood alcohol defense by using their established relationships with prosecutors and judges.