Blood alcohol concentration (BAC) test results are often the most important evidence in drunk driving cases. They serve as scientific proof that an individual violated the law.
It is illegal to drive when a motorist is aware that alcohol has affected their driving capabilities. It is also illegal to drive when a motorist’s BAC is over the legal limit. Most adults are subject to a 0.08% BAC limit, regardless of how well they drive.
When motorists fail a breath or blood test, they are likely at risk of drunk driving charges. In some cases, a defense attorney can mount a rising BAC defense strategy because the arresting police officers delayed the testing process.
The driver’s BAC may continue to rise
The human body can only absorb and break down so much alcohol at once. Even long after a person stops drinking, their BAC may continue rising for some time as alcohol enters their bloodstream. To ensure the accuracy of BAC testing, police officers generally need to administer chemical tests as soon as possible after an arrest.
The result at the time of the test could be substantially higher than it was when the driver was actually on the road. The longer the delay between when the traffic stop began and when officers finally conduct a chemical test, the greater the likelihood that the motorist’s BAC was higher at the time of testing than it was at the time of the traffic stop.
The details of a drunk driving arrest can play a major role in the defense strategy. Reviewing the state’s evidence, including chemical test results, can help drivers work with their lawyers to develop a drunk driving defense strategy. A strong defense can limit the likelihood of a conviction.
