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Rising Alcohol Defense



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Definition - What does Rising Alcohol Defense mean?

DUI prosecutors in a DUI case use blood alcohol tests to prove a driver was intoxicated with a blood alcohol concentration of greater than 0.08% or higher at the time they were operating a motorized vehicle. DUI attorneys may attempt to use the "rising alcohol defense" to prove that the driver's blood was above 0.08% at the time of the chemical test but was less than 0.08% while they were driving due to the absorption rate of alcohol.





Related Links

  • Absorption Rate -- absorption rate of alcohol can be impacted by a variety of factors
  • Chemical Test -- Driver's blood alcohol concentration can be measured with three tests (blood, breath and urine)




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