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RISING ALCOHOL DEFENSE
This defense is based on the idea that alcohol levels change over time, as the body absorbs alcohol, reaches a peak level, and then eliminates alcohol. Breath or blood testing is done after driving; these test results tell us what the alcohol level is at the time of testing, not at the time of driving. The rising alcohol defense is simply that at the time of driving the alcohol level was below the legal limit, even if it continued to rise until the time of testing.

The information provided herein is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.

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