You might have had a drink not too long ago, but if your blood alcohol level is below the legal limit, you should not be charged with a DWI. It typically requires about three or four drinks before you may be considered legally drunk, though this can vary from person-to-person. To make sure that you do not receive this charge, you will want your blood alcohol level assessed using the most accurate method available, and you will also want to consider making the rising blood alcohol defense.

Understanding Blood Alcohol

Alcohol enters the bloodstream and becomes a reliable benchmark for measuring how drunk and impaired an individual is. After having a drink, it usually takes one hour for that drink to be fully metabolized. Your weight can influence your blood alcohol. For example, a person weighing 120 pounds would be legally drunk after three drinks, but someone weighing 180 could only be impaired and someone weighing 200 would often be considered sober with the same amount of drinks. However, the safest way to avoid a DWI is still to ask someone else to drive for you.

The Consequences of Refusing a Test

In some states, such as California, you are required to submit a blood test for alcohol. But in other states, you may be able to refuse, reducing the risk that you will be charged a DWI. Still, by refusing the blood test, you will often face penalties such as a one year license suspension. Also, other signs of intoxication may be used to convict you of a DWI.

Choosing the Blood Test Over the Breathalyzer

When you have had a drink or two, it is best to reject the preliminary breath test but to accept the blood test. The breath test analyzes the amount of alcohol in your breath and uses this to try to predict the amount of alcohol in your blood. However, outside forces can lead to an inaccurate reading.

The preliminary breath test is usually less accurate. The blood test is held at the police station and the blood sample can be retested for a more accurate reading if your blood alcohol level is close to the legal limit. The only downside is that the blood test can take longer to have performed.

Making the Rising Blood Alcohol Defense

Even if your blood alcohol level is high, you may experience a rising blood alcohol level that results from the absorption rate. Therefore, your blood alcohol level at the time you were driving is lower than your blood alcohol level at the police station. When making this defense, you will likely need the assistance of a DWI attorney, such as those at Follender Law Offices, P.L.L.C..