Rising blood alcohol in Omaha refers to the time it takes between a person consuming alcohol and their BAC rising. This is important in DUI cases because, if the police wait hours after pulling someone over to issue a breathalyzer, the recorded BAC may not reflect their BAC at the time they were operating a vehicle. A well-versed DUI lawyer can further explain the role rising blood alcohol can play in a case.

Understanding Rising Blood Alcohol

Rising blood alcohol refers to when a person ingests alcohol, and it does not hit him or her immediately. In general, it can take 30 to 45 minutes for a person’s BAC to rise and for him or her to start exhibiting signs of impairment.

It is difficult to tell precisely when a person’s blood-alcohol level will be at its highest, because there are many factors that go into a person’s BAC. For example, a person’s age, body weight, metabolism, body composition, and medical conditions all impact his or her BAC. In addition, how his or her body digests and absorbs alcohol, if he or she has eaten, how much sleep he or she has gotten, and other substances in the body all play a role in how alcohol will impact a person.

Evidence in Omaha

Evidence that can be used to prepare a defense involving rising blood alcohol level involves establishing a timeline. An attorney would look at the time between the stop and the time the person submitted to a breath test. Additional evidence may be bar receipts, eyewitness testimony, and videos of the accused individual drinking.

Generally, in Nebraska, there may be a minimum of one hour from the time a person is pulled over to the time they submit to a formal breath test. This means it is impossible for the state to prove exactly what a person’s blood alcohol concentration was at the time they were driving. An attorney can use that to build a strong defense.

When Rising Blood Alcohol Would Be a Defense

Omaha DUI lawyers use rising blood alcohol as part of their defense whenever there is a significant delay in time between when a person is pulled over for driving and when he or she formally submits to a breath test. Judges and jurors find this persuasive because they understand the ingestion process of alcohol,  how it affects humans physiologically, and how it takes time to affect a person. Jurors can relate to it because they understand that how a person may be feeling when they are pulled over and when they take a breath test in an hour may be completely different.

An Omaha Attorney Can Answer Questions About Rising Blood Alcohol

Omaha DUI defense lawyers can help use rising blood alcohol as a part of their defense, depending on the circumstances. An attorney can put the burden on the state to prove beyond a reasonable doubt what a person’s blood alcohol concentration was at the time of the arrest. To learn more about rising blood alcohol in Omaha, call Berry Law today for a consultation.

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