A very high number is not the end of the story. We examine how it was produced and when it was taken.
The short answer. A high blood alcohol reading can raise the stakes, but the number depends on testing procedures, calibration, sample handling and timing. Your BAC at the station may be higher than at the time of driving, because alcohol keeps being absorbed after you stop drinking. Court advisement forms also show a longer 9-month DUI program can be ordered at 0.20% or higher.
Prosecutors often argue that the test reflects your condition at or near the time of driving. That assumption can be challenged with scientific evidence about absorption timing, which typically peaks 30 to 90 minutes after drinking ends.
| When | What happens | What we do |
|---|---|---|
| Arrest and test | Breath or blood result recorded | You call us; we start on your deadlines |
| Within 10 days | The DMV hearing window | We request it and review the paperwork |
| Evidence stage | Records, calibration logs, lab reports | We examine procedure, handling and timing |
| Resolution | Negotiation or trial | We use the weaknesses found as leverage |
We question testing procedures, calibration and handling of samples. When the test came well after driving, the rising blood alcohol defense can show the result may not reflect your BAC while driving. It does not claim the machine is wrong; it argues the number may not match the time that matters.
For blood tests, warrants, consent, collection procedures, sample integrity and laboratory analysis can all raise issues.
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Sources: Articles on the rising blood alcohol defense, DUI blood tests and California DUI penalties; San Diego Superior Court advisement materials. The information on this page is general and does not create an attorney-client relationship.
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No. The defense looks hard at how the number was produced, including testing procedures, calibration and the handling of samples.
It argues that your BAC was lower while you were driving and increased afterward because alcohol was still being absorbed, so a later test overstates it.
Typically 30 to 90 minutes after drinking ends, which varies with food, type of alcohol and metabolism.
Not necessarily. It argues that the result may not reflect your BAC at the time of driving.
Court advisement forms show that a longer 9-month DUI program can be ordered when the blood alcohol concentration is 0.20% or higher, which is one more reason to test the result.
Yes. Warrants, consent, collection procedures, sample handling and laboratory analysis can all raise issues.
These official sources give general information on this topic. They are not legal advice.
