What Factors Affect How Quickly a Driver’s BAC Level Rises?

 Posted on October 30, 2023 in DUI

Having "just a couple drinks" means different things for different people. This is why the measure of blood alcohol concentration (BAC) exists. If you are accused of drunk driving in Maryland, your BAC could play a critical role in your defense.

When someone drinks alcohol, the alcohol is absorbed into the wall of the small intestine and then travels throughout the rest of the body through the bloodstream. A person’s blood alcohol content level is the weight of the alcohol in comparison to the overall volume of blood. If your BAC level is above the legal limit and you decide to drive, you may face charges for driving under the influence of alcohol.

At the Law Offices of Murphy & Price LLP, our Ocean City, MD criminal defense lawyers can review blood and breath tests and build a case to fight the charges against you. We are available 24/7 for our clients, so you can trust us to stand at your side early in a DUI case.

What Makes Your Blood Alcohol Content Rise Faster or Slower?

How quickly a person’s BAC level rises depends on different factors, including:

• Weight: The more a person weighs, the more water there is in their body to absorb the alcohol. As such, BAC tends to rise faster in skinnier people.

• Biological Sex: Due to differences in body composition, muscle, and fat, BAC tends to rise more quickly in women.

• Food in the stomach: The absorption of alcohol into the bloodstream can be slowed if someone eats before or while they drink.

• Speed of alcohol consumption: The faster a person drinks alcohol, the faster his or her BAC level will rise.

These factors make it hard to judge how much just one drink will affect you. While the type of alcohol usually does not make a difference, fizzy drinks may cause BAC to rise faster, according to the University of Texas at Austin.

Legal Consequences of Drunk Driving in Maryland

Because there are so many factors that affect how quickly a person’s BAC level rises, drivers may not know whether or not they have exceeded the legal limit. Any person who is caught driving with a BAC level at or above 0.08 percent will be charged with DUI. But even if your DUI is technically below the legal limit, you can still face DUI charges if the police think you are intoxicated behind the wheel.

Under Section 21–902 of the Maryland Transportation Code, a first time DUI is usually a misdemeanor offense. If convicted, you face up to a year in prison as well as a possible $1,200 fine. A repeat offense will result in double the maximum penalties. Subsequent violations will result in increased penalties, including mandatory minimum sentences in jail.

A DUI conviction also carries penalties for your license, starting with a suspension period of six months. This can be higher or lower depending on things like refusing a breathalyzer or installing an ignition interlock device. Working with a skilled criminal defense attorney is critical for minimizing these harsh penalties.

What Is the "Rising BAC Defense?"

The "rising BAC defense" is a concept sometimes discussed in DUI cases involving alcohol testing. It is based on the idea that a person’s blood alcohol concentration may continue to increase for a period of time after they stop drinking.

In DUI cases, this issue can become relevant when there is a gap between the time a person was driving and the time their BAC was measured. A breath or blood test taken later may reflect a higher BAC than the person had while actually driving.

The rising BAC defense does not dispute that alcohol was consumed, but rather focuses on the timing of absorption and testing. This defense does not apply to all cases. Your attorney can review your case to determine the best strategy to avoid conviction or get the charges reduced.

When Can You Challenge BAC Test Results in Ocean City, Maryland?

BAC test results are often treated as important evidence in DUI cases, but they are not always accurate. In many cases, simple mistakes in procedures can have a massive impact on the results. If a device was not calibrated before a test, you could challenge the BAC reading.

Even if law enforcement has evidence against you from a DUI stop, that evidence could still be excluded from court. Police officers need to have reason to believe that you committed a crime or violation in order to pull you over. This is a standard known as "reasonable suspicion." If you are pulled over without reasonable suspicion, your attorney could file a motion to have the test results dismissed.

Each case is unique, and evaluating BAC evidence often involves reviewing testing records, procedures, and surrounding circumstances. An attorney can help explain how BAC test results are typically assessed and what factors may be considered when examining their reliability.

Other Factors That Can Impact DUI Blood or Breath Tests

Blood and breath test results can be influenced by factors other than drinking. For instance, medical conditions like gastroesophageal reflux disease and diabetes can affect breath test readings in some cases.

Medications, including inhalers or products containing alcohol, can also lead to false positives. Our firm will take all of the relevant circumstances into account when we build your case, making sure nothing is overlooked in your defense.

Contact a Worcester County, MD Drunk Driving Defense Lawyer

If you have been accused of driving under the influence, do not wait to get legal help. An Ocean City, MD criminal defense lawyer can explain your rights and advocate for you in court.

At the Law Offices of Murphy & Price LLP, we can provide you with aggressive representation to fight these charges in court. Call us at 410-280-2500 for a free consultation.