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The ‘Rising Blood Alcohol’ Defense

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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).

Ernenwein & Mathes, LLP, has experienced Los Angeles criminal defense lawyers with over 60 combined years of experience defending persons accused of DUI.

Robert Ernenwein is a former Los Angeles deputy district attorney and is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in California Super Lawyers for several years and has appeared as a legal analyst on multiple cable news programs, including Fox News.

The experience and capabilities that the attorneys at Ernenwein & Mathes, LLP, will bring to your DUI defense are unmatched.