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Rising Blood Alcohol Defense

The Rising Blood Alcohol Defense is a defense to an allegation of being impaired by a Blood Alcohol Content of 0.08% or greater at the time of driving.  This defense may concede that the test was correct, and at the time the subject was tested, the blood alcohol content was at or over 0.08% or greater.  The defense is that at the time the subject was operating the vehicle, the BAC was less than 0.08% and continued to rise after the vehicle was stopped, until reaching and/or exceeding the 0.08%by weight requirement for a VC 23152(b) charge to become applicable.  I have prepared a slide show which teaches many of the important aspects of this defense and why they are scientifically valid.  Please watch the slideshows to determine if this applies in your case.

Digestive Tract Presentation3B.pptx
Rising BAC Defense to a DUI

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