What is a Rising BAC Defense?
Reader’s Question:
What do you mean by rising BAC defense? And when I get stopped by the Arizona police and brought to the police station, what should I do there?
Irma
Gilbert, AZ
Rising BAC defense means that it is unlawful to have an excessive blood-alcohol concentration during driving and not at the time of being breath tested. Because it takes between thirty minutes and three hours for alcohol to be immersed into the system, and person’s BAC might persist to rise for some time after he is stopped and arrested.
Usually, it is an hour or more after you were brought to a halt when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the person charged with Arizona DWI has continued to take in alcohol since he was stopped, his BAC at the time he was driving may have been only 0.07%. In other words, the test result illustrates a blood-alcohol level above the lawful limit. But his definite BAC at the time of driving was below that.Once you are in the police station you should not take any breath test. You need to ask for a lawyer immediately before making any statements. You need to stand in only place and politely decline to move around. You need to keep asking for a DUI attorney, and when the Arizona officer tries to get you to walk around, you should not. If he says that there is a phone on the wall to call an attorney, say you will call him later instead. You should not waive your rights and do not answer any questions. You should always be polite to the Arizona police officer, only tell your name and where you live.
Anything that you say or do on the video will be used against you. Make sure that you conduct yourself in a polite and levelheaded manner. Keep in mind that you are on video; they cannot do anything to harm you. The officers are normally extremely professional, and they would not do anything to hurt you.
Loading ...