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What is a rising BAC defense?
It is unlawful to have an excessive
blood-alcohol concentration (BAC) at the
time of DRIVING -- not at the time of being
TESTED. Since it takes between 30 minutes
and 3 hours for alcohol to be absorbed into
the system, an individual's BAC may continue
to rise for some time after he is stopped
and arrested.
Commonly, it is an hour or more after the
stop when the blood, breath or urine test is
given to the suspect. Assume that the result
is .10%. If the suspect has continued to
absorb alcohol since he was stopped, his BAC
at the time he was driving may have been
only .07%.
In other words, the test result
shows a blood-alcohol concentration above
the legal limit -- but his actual BAC AT THE
TIME OF DRIVING was below. | 
