What is a rising BAC defense?

In the District of Columbia, it is against the law to have a BAC over the .08% limit while driving.  However, it takes approximately an hour from the time of being pulled over to being administered a breathalyzer.  Studies have shown that it can take between between 30 minutes and 3 hours for alcohol to be fully absorbed.  Thus, one’s BAC may continue to rise after you were stopped and arrested.

For example, your breathalyzer test could show a .12% BAC, but if alcohol has continued to be absorbed since the time of the stop it may have only been .07% at the time of driving.

Anticipating this defense, officers always ask you how many drinks you have consumed and at what time.  In addition, prosecutors employ a legal presumption that the BAC at the time of testing was the same as when driving if a test was completed within a certain time frame.  If your case goes to trial, an experienced DC DWI attorney could argue that your BAC was lower at the time of driving than at testing, which could be shown by hiring a toxicology expert.