Georgia Rising Blood Alcohol Level




If you have been arrested for DUI and your blood alcohol content was a “per se” violation (meaning over the legal limit), immediately contact the HTW&W Law Office! You could be the victim of what’s known as a rising blood alcohol level.

What is a rising blood alcohol level?

When you were given a breath test, you breathed into a machine that’s designed to detect the amount of alcohol on your breath. In addition to the multiple reasons breath test machines are unreliable, your blood alcohol test results may not have been your actual blood alcohol content.

After a person consumes alcohol it takes time for the body to absorb the alcohol into their system. As time goes on, your blood alcohol content actually rises because your body is absorbing the alcohol. Researchers conducted a recent study and found that on average, a person can still be absorbing alcohol 50 minutes after their last alcoholic drink. But keep in mind this is only an average amount of time. The range for the amount of time it takes a person to absorb alcohol can range from thirty minutes to three hours. If you had a big meal, this can extend the amount of time it takes for your system to absorb the alcohol.

So if you were stopped for drinking and driving and a half hour passed before you were given a breath test, this means that your blood alcohol content could be higher than it was while you were actually driving. It’s ironic then that the prosecution often makes claims that a person’s BAC is actually falling by the time they administer the breath test. They are assuming that when they give you the breath test your body has already absorbed the alcohol.

This is where HTW&W comes in! We will carefully review how many drinks you had in the night of question before you began driving your vehicle. It is particularly important to determine exactly how many alcoholic beverages you had in the hour before you were stopped by police.

The attorneys at HTW&W will not let an inaccurate breath test result be the cause of a DUI conviction!