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Rising or inaccurate BAC case?

Walnut Creek, CA |

I crashed into a on-ramp sign with no witnesses present. A CHP was cruising by about 10 minutes later and saw the wreckage. I was not pulled over. I blew a BAC of .212 and .206. At the CHP station blood was drawn and results were a BAC of .28. Do I have a case for a rising BAC?

Attorney Answers 7


  1. I'm assuming you did a PAS test at the scene? How long between the accident and the blood draw? Need a bit more information about your case. You definitely need to consult with an experienced DUI attorney ASAP.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  2. Yes you do have a case for rising BAC but other than feeding the 20
    allegation I can't see why you're asking


  3. You need to hire a DUI attorney ASAP. Rising blood alcohol is one of many possible defenses to the criminal allegation you face. Much depends on what is in your police report and other facts that we don't have access to on this public forum. You have only 10 days to request a DMV hearing or your license will be suspended. Again, consult an attorney. attorneys, like myself, offer a free initial consultation. Best of luck


  4. The answer is that you have a POTENTIAL defense of rising blood alcohol, however, 10 minutes may not be sufficient time for your blood to rise so fast that 10 minutes earlier you were below .08. You should consult with an attorney ASAP because you may have other, much more potentially successful defenses.


  5. I would recommend that you speak with a DUI attorney in your area about your case in more detail. Your BAC levels do support a rising argument. A lot of variables need to be determined and other potential defenses. Depending on the situation, there may be some ambiguity in the police report as to the actual time of driving or if it can even be established. This, and many other questions can be looked into by a DUI attorney. Also, note that time is of the essence in requesting a DMV hearing (must be done within 10 days of arrest).

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


  6. The "rising" BA defense may be used to get you below the .20 enhancements. It is not going to get you below the .08 (obviously to high). There appears to be some discrepancies between the PAS and the blood which could help you on the enhancement issues. You need to consult with a lawyer that focuses on DUI/DMV matters. Good luck.

    Contributions to AVVO.com do not establish an attorney-client relationship.


  7. That's a long rise but depending on many factors you have a case for a rise IF YOU HAD RECENTLY INGESTED A LARGE AMOUNT prior to driving, OR if you were drinking in the time between the accident and when the officer arrived. Contact an experienced DUI lawyer.

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