Here’s a great article by a fellow Los Angeles attorney – Nima Haddadi.
If you have been arrested for driving under the influence, keep in mind that there are a variety of different defenses that you can invoke. Each case is unique, which is why a strong defense is needed in order to increase the probability or likelihood that the case against you will ultimately be reduced or even dismissed outright. One of the defenses in Los Angeles that is growing in popularity is the Raising Alcohol Defense. If you have been charged for such a crime in Los Angeles, you will want to speak with an attorney to discuss your options.
The Raising an Alcohol Defense Explained
This particular defense is valid in many cases because it operates on the premise that alcohol is gradually absorbed in the blood stream of the average human. This explains why you can have a couple of drinks right now and feel fine, only to begin to notice the effects of the shots you have taken about an hour or so later. This means that the blood alcohol content level in your body can actually increase within the span of an hour, even if you have not had any additional drinks. Herein lies the raising alcohol defense.If you are arrested of a DUI on the basis of a blood alcohol test that was taken some time after your last drink, this defense could very well apply to you.
A Possible Scenario
To best understand the raising alcohol defense, it is helpful to consider a plausible example that has happened time and time again throughout the Metropolitan Los Angeles area. Let’s imagine that you and your friends are planning to go out to the local bar one night. Your friends meet you at your house, where you plan to drive to the bar. It is your intention to leave your vehicle at the bar at the end of the evening. You will just take a taxi home at the end of the evening and then worry about getting your car back from the bar the next day. Right before you leave the house, you do have a couple of shots just to get the night started, and then you and your friends make your way to the bar in your car.
While the bar is a short distance from your home, as fate would have it you are pulled over by the police for making an improper right hand turn. You feel great and are not even feeling the effects of the shots that you just took a few minutes ago. Because of that, you truthfully reply in the affirmative when the police officer asks you if you have been drinking. Based on that answer alone, the police request that you take a field sobriety test at the scene, where the result does indicate the presence of alcohol of in your system, albeit at a level that is below the legal limit. Regardless, you are taken into custody and appear the police station a short time later.
Roughly 90 minutes after being detailed, you are asked to take a breathalyzer test at the police station. You really do not see an option out of this, as refusing to do so could turn out negatively for you. When you take that test, the result is .1, or .07 higher than your initial .03 reading at the scene. This is because the alcohol has since absorbed more fully into your blood stream even in the absence of another drink. It is on the result of that second BAC test that you are arrested with a DUI.
This scenario offers a perfect description of where the raising alcohol defense comes into play. You should not be held responsible for an increase in BAC when you have not even been drinking At the time that you were driving, your BAC was below the legal limit and that is all that matter. While prosecutors could attempt to argue that you would have driven home from the bar eventually that night, and you would have certainly had been drunk at that point, the argument would not hold up.
You cannot be held responsible for something your might have done. If you are in this situation, consult with our office right away to learn about your legal options.