Sunday, August 30, 2009

Rising BAC "Big Gulp" Defense alive and well say DUI criminal defense lawyers who are permitted such defense in California and now Alaska

California DUI criminal defense attorneys have clients who drink alcohol right before driving. A 'rising bac defense' is legitimate. That is a valid California drunk driving criminal defense lawyer defense. Especially since California DUI prosecutors often "guess" one's BAC.

Alaska's Supreme Court agrees. A silly state law prohibiting one's possible “delayed absorption” defense is unconstitutional. 1 man will get a new DUI trial.

Folks accused of DUI are reasonably permitted to point out they were less impaired at the time of driving than when a chemical test was given later.

The well-know reasonable contention — known informally as the Big Gulp defense — asserts there is a delay between a person’s consumption of alcohol and the absorption of it into the bloodstream. Because of that, a driver could drive a motor vehicle while legally sober, only to have their blood-alcohol level rise climb into the illegal range after being pulled over.

Without any understanding of science, their Legislature prohibited the defense in 2004, but now the State's high court unanimously ruled that the law denies due process rights to drunken driving defendants.

This was a victory for “the application of fairness and science” in the courtroom.
“I just believe this is an important decision for the accused and to have people who are innocent actually presumed innocent.”

2 breath-alcohol tests that followed seemed to show a climbing rate of intoxication. A test given about 35 minutes later showed a blood-alcohol level of 0.099, followed by a second, independent test 25 minutes after that showing a level of 0.119%.

If you need help with your California DUI by a trusted defense attorney, try the online Survey.