The ‘Rising Blood Alcohol’ Defense

Your blood alcohol content may not have been as high (at the time of your driving) as the prosecutor is alleging. Based on the circumstances of your case, Robert Ernenwein may be able to successfully argue that, at the time that you were driving, your blood alcohol was below the legal limit, and that the testing that occurred afterwards shows your blood alcohol level as it was after you were driving.

If your preliminary alcohol screening test shows, for example, a level of .07/.08, and then a subsequent chemical test shows .09/.10, we may be able to convince the prosecutor or a jury that your blood alcohol was actually below the legal limit at the time you were driving, and, that when you were tested, your body was still absorbing alcohol, thereby showing an “artificially” high reading.

In other words, your blood alcohol concentration may have been rising at the time of testing (because alcohol ingestion was not completed) and, therefore, your BAC level was actually lower at the time of driving.

Researchers have found that absorption can continue for an average of 50 minutes after a DUI suspect has stopped drinking. Tests (taken with Intoxilyzer models 4011A, 4011AS, and 5000) have consistently estimated blood alcohol levels at excessively high levels during this average 50-minute time period (when compared to analyzed blood samples).

Robert Ernenwein, an expert and experienced Los Angeles DUI defense lawyer, has over 30 years of experience defending persons accused of DUI. Mr. Ernenwein is a former Los Angeles Deputy District Attorneys and is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been named as a “Super Lawyer” by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities Robert Ernenwein will bring to your DUI Defense are unmatched.

Our extensive experience and knowledge give us the tools we need to successfully challenge DUI charges.

Call us at 310-375-5858 or e-mail us for your free consultation.