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Rising Blood Alcohol as a Defense to DWI Charges in Frisco

 Posted on March 22, 2022 in DWI

TX defense lawyerIf you have been arrested and charged with driving while intoxicated (DWI), you may be facing criminal and administrative consequences that dramatically impact your life. DWI is typically a Class B misdemeanor offense punishable by fines, 3-180 days in jail, driver’s license suspension up to two years, and other serious consequences. However, certain circumstances can heighten DWI penalties and lead to increased jail time.

As someone accused of drunk driving, it is important to understand the defense strategies you may use to decrease or eliminate the consequences you face. In this blog, we will describe how the nature of blood alcohol content may be used as a valid defense against DWI charges.

Understanding How Alcohol Levels Rise and Fall Over Time

The amount of alcohol a person has consumed can be measured by evaluating the amount of alcohol in their body fluids or breath. The term “blood alcohol content” or BAC is the standard unit of measurement used to describe how intoxicated someone is. Having a BAC over 0.08 percent is considered legally intoxicated.

However, a person’s BAC changes as alcohol is metabolized by the body. When someone drinks alcohol, the peak BAC is reached 30 minutes to two hours later. Unless the person drinks more, the BAC starts to decline. So, it is possible for a driver’s BAC to be below the legal limit while he or she is driving, but above the legal limit by the time police officers administer a breath or blood alcohol test.

DWI Cases Involving Rising Blood Alcohol

When someone drinks alcohol, it takes time for the stomach and intestines to absorb the alcohol. Consequently, it also takes time for the effects of the alcohol to kick in. This fact may be used to defend against DWI charges.

Consider an example: A man leaves the bar to drive a short distance to his home. While driving home, police pull him over for speeding and smell alcohol on his breath. He declines a roadside breath test and is taken to the police station. An evidentiary breath test is administered approximately 90 minutes later. By this point, the man’s blood-alcohol level has risen considerably. He is now over the legal limit. However, his BAC may have been under the legal limit while he was actually driving.

Contact a Collin County DWI Defense Lawyer

If you or a loved one were arrested for drinking and driving, contact a Frisco criminal defense attorney from Law Offices of Biederman & Burleson P.L.L.C. for help. Our talented team has secured hundreds of “not guilty” verdicts for clients accused of drunk driving and other criminal offenses. Call 469-333-3333 for a free, confidential consultation.




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