Facing a DUI charge in Chicago can be overwhelming, especially when breath or blood test results indicate a blood alcohol concentration (BAC) above the legal limit. However, what many people do not realize is that BAC levels can continue to rise after someone has stopped drinking. This scientific principle, known as the rising BAC defense, can be a critical argument in DUI cases. Illinois law under 625 ILCS 5/11-501 et seq. sets the legal limit at 0.08% for most drivers and 0.04% for commercial drivers. However, if a breath or blood test is conducted too long after the initial traffic stop, the results may not accurately reflect the driver’s actual BAC at the time they were behind the wheel.
When alcohol is consumed, it takes time for the body to fully absorb it into the bloodstream. If a driver was stopped shortly after drinking, their BAC might still be rising at the time of testing. This means they were under the legal limit while driving and over the limit when tested by police. This distinction is vital in defending against DUI charges, especially when law enforcement delays testing due to procedural issues, accident investigations, or extended questioning.
At Edward Johnson & Associates, we understand the science behind BAC testing and how delayed breath or blood tests can produce inaccurate results. By examining the timing of the test, the person’s drinking pattern, and the absorption rate of alcohol, we can build a strong defense that challenges the prosecution’s claims.
How The Rising BAC Defense Works
Alcohol Absorption Takes Time
Alcohol does not immediately enter the bloodstream. It typically takes 30 minutes to 2 hours for BAC levels to peak, depending on factors such as:
- The type of alcohol consumed
- Whether the person drank on an empty stomach
- The individual’s metabolism and weight
- How quickly the drinks were consumed
Testing Delays Can Skew BAC Results
If a DUI suspect is given a breathalyzer test an hour or more after being stopped, their BAC may be significantly higher than it was when they were actually driving. This is because their body was still absorbing alcohol at the time of the stop.
Illinois Law Requires Proof Of BAC At The Time Of Driving
Under 625 ILCS 5/11-501.2 et seq., prosecutors must prove that the driver was over the legal limit while operating the vehicle. If a person’s BAC was rising and only exceeded 0.08% after they stopped driving, they may have a valid defense against a DUI conviction.
Rising BAC Defense Frequently Asked Questions
What Is A Rising BAC Defense, And How Can It Help My DUI Case?
The rising BAC defense argues that a driver’s blood alcohol level was below the legal limit while they were driving but increased between the time of the stop and the breath or blood test. This means that the test result does not accurately reflect their condition while they are behind the wheel.
How Long Does It Take For Alcohol To Be Fully Absorbed Into The Bloodstream?
The absorption rate varies, but alcohol typically takes 30 minutes to 2 hours to fully absorb into the bloodstream. If a test is administered during this absorption phase, the BAC may appear higher than it actually was at the time of driving.
Can A Breathalyzer Test Be Inaccurate Due To A Rising BAC?
Yes, if a breathalyzer test is conducted too long after the initial stop, it may misrepresent the driver’s BAC at the time they were operating the vehicle. The longer the delay, the greater the risk of a false reading due to the rising BAC effect.
What Factors Influence How Quickly Alcohol Is Absorbed?
Several factors impact alcohol absorption, including:
- Food intake – Drinking on an empty stomach leads to faster absorption.
- Alcohol content – Stronger drinks result in a higher BAC.
- Metabolism – Some individuals process alcohol more quickly than others.
Does The Timing Of My Breath Test Matter In A DUI Case?
Yes, the timing of the breath test is crucial. If law enforcement delays testing for an hour or
more, the BAC result may not be reliable. The prosecution must prove that you were over the limit at the time of driving, not when you were tested.
What Happens If I Refuse A Breath Test In Illinois?
Under Illinois’ implied consent law, refusing a breath test leads to an automatic license suspension. However, refusal also denies the prosecution potential evidence, which could be beneficial in a DUI defense strategy.
Can The Rising BAC Defense Be Used In Court?
Yes, scientific evidence and expert testimony can support a rising BAC defense in court. If we can show that delayed testing produced inaccurate BAC results, the prosecution may not be able to prove impairment at the time of driving.
What Should I Do If I Have Been Arrested For A DUI In Chicago?
If you are facing a DUI charge in Chicago, it is important to contact a criminal defense attorney immediately. DUI cases are time-sensitive, and evidence needs to be preserved. The sooner you act, the better your chances of building a strong defense.
Contact Our Chicago DUI Defense Lawyer For Your Free Consultation
If you have been arrested for a DUI in Chicago, understanding the timing of BAC testing could make all the difference in your case. At Edward Johnson & Associates, we fight for our clients by challenging flawed BAC evidence and holding law enforcement accountable for testing delays.
Contact our Chicago DUI defense lawyer at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. With offices in Chicago, we represent clients throughout the entire Chicagoland metro area. Let us help protect your rights and fight for the best possible outcome in your DUI case.