When you drink an alcoholic beverage, your BAC level is not constant – it changes as your body absorbs and then metabolizes that alcoholic beverage. The phase of absorption can take 30 minutes to two hours after consuming alcohol, depending on various factors. During the phase of absorption, your BAC level continues to rise. When you are pulled over by police for a DUI investigation in Illinois, a sample of your breath, blood, or urine is taken after you have stopped driving. This means that, in certain circumstances, it is possible for a driver to have a BAC level under the legal limit while driving and that same driver to have a BAC level above the legal limit at the time they submit a breath, blood, or urine sample to officers.
What can increase or decrease the rate at which your body absorbs alcohol?
Alcohol is absorbed into your bloodstream through the lining of your small intestine. The rate at which your body absorbs and metabolizes alcohol can be affected by both internal and external factors. This means that the rate of absorption not only varies from person to person but can also vary from day to day for the same person.
Internal factors: Your weight, gender, and individual metabolism can increase or decrease how quickly your body processes alcohol.
External factors: If you have food in your stomach when you begin drinking or start eating after you drink, that can slow down alcohol absorption. If you consumer carbonated alcoholic beverages, that can speed up alcohol absorption.
Why does the rate of alcohol absorption matter in an Illinois DUI case?
The legal limit in Illinois is 0.08% BAC. In Illinois, someone over the age of 21 is presumed intoxicated if their BAC is over 0.08% and can be guilty of a DUI even if the officers noticed no signs of impairment in the driver. 625 ILCS 5/11-501. If the rate of alcohol absorption for a driver was delayed for any reason, it is possible that a driver’s BAC was still rising when a breath, blood, or urine sample was taken. If it is possible to prove that someone’s BAC was only over 0.08% after they stopped driving, and below 0.08% while driving, then that raises questions about whether the driver was actually intoxicated while driving.
How to prove this defense?
Not all cases have the facts necessary to qualify for this defense. Important factors would be the time that you started and stopped drinking, the interval between drinking and driving, when the BAC testing occurred in relation to when you stopped drinking, and any extended delay between when you stopped driving and when your BAC testing occurred. Expert testimony can be used to help prove this defense.
If you have a pending DUI case, the Attorneys at Finegan Rinker & Ghrist have defended hundreds of DUI cases in Central Illinois and would be happy to discuss your case with you for free.
Sources:https://villadongalaw.net/rising-bac-as-a-legal-defense-in-an-illinois-dui-case/
