DUI / DWI Case Study
Whether the rising BAC defense — that the defendant's BAC was below the legal limit while driving but rose above it by the time of testing — was sufficient to create reasonable doubt.
The court found that the rising BAC defense created reasonable doubt and reversed the conviction. The court held that where the evidence showed a significant time gap between the driving and the breathalyzer test, and where the defendant's BAC was close to the legal limit, the prosecution had not proven beyond a reasonable doubt that the defendant's BAC exceeded the legal limit while driving.
The rising BAC defense is one of the most powerful tools in DUI defense. Alcohol continues to be absorbed into the bloodstream for 30–90 minutes after consumption — meaning a driver's BAC at the time of testing may be significantly higher than it was while driving. D.J. Rivera works with toxicology experts to develop rising BAC defenses in appropriate cases.
This case involves § 18.2-266 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.
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